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An empirical analysis of constitutional review voting in the polish constitutional tribunal, 2003–2014

Author

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  • Jarosław Kantorowicz
  • Nuno Garoupa

Abstract

Different theories have been developed, mainly in the context of the United States, to explain judicial decision-making. In this respect, there is an important ongoing debate over whether judges are guided by the law or by personal ideology. The analysis of the decision-making in the Polish Constitutional Tribunal seems to support the existence of some party alignment. It is to say that judicial behavior is influenced by the ideology, either because judges’ preferences coincide with the interests of a specific party or because the judges are incentivized to show their loyalty to a party. Party alignment exists but subject to institutional influences. These results are in line with previous findings for other constitutional courts in Europe. Copyright Springer Science+Business Media New York 2016

Suggested Citation

  • Jarosław Kantorowicz & Nuno Garoupa, 2016. "An empirical analysis of constitutional review voting in the polish constitutional tribunal, 2003–2014," Constitutional Political Economy, Springer, vol. 27(1), pages 66-92, March.
    • Handle: RePEc:kap:copoec:v:27:y:2016:i:1:p:66-92
    DOI: 10.1007/s10602-015-9200-8
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    Citations

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    Cited by:

    1. Fałkowski, Jan & Lewkowicz, Jacek, 2021. "Are Adjudication Panels Strategically Selected? The Case of Constitutional Court in Poland," International Review of Law and Economics, Elsevier, vol. 65(C).
    2. Elena Kantorowicz‐Reznichenko & Jarosław Kantorowicz & Keren Weinshall, 2022. "Ideological bias in constitutional judgments: Experimental analysis and potential solutions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(3), pages 716-757, September.
    3. Raphaël Franck, 2018. "Judicial impartiality in politically charged cases," Constitutional Political Economy, Springer, vol. 29(2), pages 193-229, June.
    4. Keren Weinshall & Udi Sommer & Ya'acov Ritov, 2018. "Ideological influences on governance and regulation: The comparative case of supreme courts," Regulation & Governance, John Wiley & Sons, vol. 12(3), pages 334-352, September.
    5. Jan Fałkowski & Jacek Lewkowicz, 2022. "In practice or just on paper? Some insights on using alphabetical rule to assign judges to cases," European Journal of Law and Economics, Springer, vol. 54(3), pages 405-430, December.
    6. Matej Avbelj & Janez Šušteršič, 2019. "Conceptual Framework and Empirical Methodology for Measuring Multidimensional Judicial Ideology," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 2, pages 129-159, June.

    More about this item

    Keywords

    Judicial behavior; Poland; Constitutional review; K0;
    All these keywords.

    JEL classification:

    • K0 - Law and Economics - - General

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