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No War of Courts in the protection of fundamental rights: The case of amparo appeals in Spain

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  • López-Laborda, Julio
  • Rodrigo, Fernando
  • Sanz-Arcega, Eduardo

Abstract

This paper econometrically tests the possible existence of a War of Courts when the Spanish Constitutional Court (CC) decides on constitutional complaints (recursos de amparo), filed by citizens against the violation of a fundamental right or freedom by the Supreme Court. Exploiting a unique database comprising 404 amparo appeals rulings issued by the Spanish CC for the period 2015–2019, we have carried out various estimates whose results do not confirm the hypothesis of the existence of such a War of Courts, despite the fears expressed in the legal doctrine on this subject. On the contrary, the results suggest that the CC maintains a favourable attitude towards the Supreme Court, specifically when the ruling is issued by the Plenary of the CC. However, the estimates do not allow us to conclusively reject the existence of such a conflict between the CC and other bodies of the Judiciary besides the Supreme Court.

Suggested Citation

  • López-Laborda, Julio & Rodrigo, Fernando & Sanz-Arcega, Eduardo, 2024. "No War of Courts in the protection of fundamental rights: The case of amparo appeals in Spain," International Review of Law and Economics, Elsevier, vol. 79(C).
    • Handle: RePEc:eee:irlaec:v:79:y:2024:i:c:s0144818824000322
    DOI: 10.1016/j.irle.2024.106212
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    References listed on IDEAS

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    1. Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2019. "Consensus and dissent in the resolution of conflicts of competence by the Spanish Constitutional Court: the role of federalism and ideology," European Journal of Law and Economics, Springer, vol. 48(3), pages 305-330, December.
    2. Nuno Garoupa & Fernando Gómez Pomar & Adrián Segura & Sheila Canudas, 2023. "Punishing terrorists in the Spanish Supreme Court: has ideology played any role?," European Journal of Law and Economics, Springer, vol. 56(1), pages 1-21, August.
    3. Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2018. "Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?," Constitutional Political Economy, Springer, vol. 29(3), pages 317-337, September.
    4. Eric A. Posner & Miguel F. P. de Figueiredo, 2005. "Is the International Court of Justice Biased?," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 599-630, June.
    5. Voeten, Erik, 2008. "The Impartiality of International Judges: Evidence from the European Court of Human Rights," American Political Science Review, Cambridge University Press, vol. 102(4), pages 417-433, November.
    6. Daniel Hemel, 2021. "Can Structural Changes Fix the Supreme Court?," Journal of Economic Perspectives, American Economic Association, vol. 35(1), pages 119-142, Winter.
    7. Julio López-Laborda & Fernando Rodrigo & Eduardo Sanz-Arcega, 2018. "Correction to: Is the Spanish Constitutional Court an instrument of the central government against the Autonomous Communities?," Constitutional Political Economy, Springer, vol. 29(3), pages 338-338, September.
    8. Voeten, Erik, 2007. "The Politics of International Judicial Appointments: Evidence from the European Court of Human Rights," International Organization, Cambridge University Press, vol. 61(4), pages 669-701, October.
    9. Garoupa, Nuno & Gili, Marian & Gómez Pomar, Fernando, 2021. "Loyalty to the party or loyalty to the party leader: Evidence from the Spanish Constitutional Court," International Review of Law and Economics, Elsevier, vol. 67(C).
    10. Nuno Garoupa & Fernando Gomez-Pomar & Veronica Grembi, 2013. "Judging under Political Pressure: An Empirical Analysis of Constitutional Review Voting in the Spanish Constitutional Court," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(3), pages 513-534, June.
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    More about this item

    Keywords

    Constitutional complaints (recursos de amparo); Fundamental rights; Constitutional Court; Supreme Court; War of Courts;
    All these keywords.

    JEL classification:

    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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