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Judicial impartiality in politically charged cases

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  • Raphaël Franck

    (The Hebrew University of Jerusalem)

Abstract

This paper examines under which institutional and political circumstances tenured public officials make partisan decisions. It analyzes the decisions of the judges from the French supreme administrative court regarding the validity of controverted mayoral elections between 1958 and 2007 and uses the vote differential between winners and losers in each election as a quasi-natural experiment to assess the judges’ impartiality. It appears that the judges became partisan after 1981, when the far-right Front National party started to gain more votes. Before 1981, judges cancelled elections only when the vote differential between the election winner and the closest challenger was small. Afterwards, the affiliation of the parties’ candidates also mattered as judges seldom cancelled elections won by communist, mainstream left-wing and mainstream right-wing politicians.

Suggested Citation

  • Raphaël Franck, 2018. "Judicial impartiality in politically charged cases," Constitutional Political Economy, Springer, vol. 29(2), pages 193-229, June.
    • Handle: RePEc:kap:copoec:v:29:y:2018:i:2:d:10.1007_s10602-017-9252-z
    DOI: 10.1007/s10602-017-9252-z
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    1. Timothy Besley & Anne Case, 2003. "Political Institutions and Policy Choices: Evidence from the United States," Journal of Economic Literature, American Economic Association, vol. 41(1), pages 7-73, March.
    2. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    3. Chang, Eric C. C. & Golden, Miriam A., 2007. "Electoral Systems, District Magnitude and Corruption," British Journal of Political Science, Cambridge University Press, vol. 37(1), pages 115-137, January.
    4. Iaryczower, Matias & Spiller, Pablo T. & Tommasi, Mariano, 2006. "Judicial Lobbying: The Politics of Labor Law Constitutional Interpretation," American Political Science Review, Cambridge University Press, vol. 100(1), pages 85-97, February.
    5. Hayo, Bernd & Voigt, Stefan, 2007. "Explaining de facto judicial independence," International Review of Law and Economics, Elsevier, vol. 27(3), pages 269-290, September.
    6. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    7. Blanes i Vidal, Jordi & Leaver, Clare, 2011. "Are tenured judges insulated from political pressure?," Journal of Public Economics, Elsevier, vol. 95(7-8), pages 570-586, August.
    8. Jean-Marie Baland & James A. Robinson, 2008. "Land and Power: Theory and Evidence from Chile," American Economic Review, American Economic Association, vol. 98(5), pages 1737-1765, December.
    9. F. Andrew Hanssen, 2004. "Is There a Politically Optimal Level of Judicial Independence?," American Economic Review, American Economic Association, vol. 94(3), pages 712-729, June.
    10. Ramseyer, J. Mark, 2001. "Why Are Japanese Judges So Conservative in Politically Charged Cases?," American Political Science Review, Cambridge University Press, vol. 95(2), pages 331-344, June.
    11. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    12. Raphaël Franck, 2010. "Judicial Independence and the Validity of Controverted Elections," American Law and Economics Review, Oxford University Press, vol. 12(2), pages 394-422.
    13. Ramseyer, J Mark & Rasmusen, Eric B, 1997. "Judicial Independence in a Civil Law Regime: The Evidence from Japan," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(2), pages 259-286, October.
    14. Blanes i Vidal, Jordi & Leaver, Clare, 2011. "Are tenured judges insulated from political pressure?," Journal of Public Economics, Elsevier, vol. 95(7), pages 570-586.
    15. Kunicovã , Jana & Rose-Ackerman, Susan, 2005. "Electoral Rules and Constitutional Structures as Constraints on Corruption," British Journal of Political Science, Cambridge University Press, vol. 35(4), pages 573-606, October.
    16. Marianne Bertrand & Esther Duflo & Sendhil Mullainathan, 2004. "How Much Should We Trust Differences-In-Differences Estimates?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 119(1), pages 249-275.
    17. Ziblatt, Daniel, 2009. "Shaping Democratic Practice and the Causes of Electoral Fraud: The Case of Nineteenth-Century Germany," American Political Science Review, Cambridge University Press, vol. 103(1), pages 1-21, February.
    18. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
    19. Espinosa Romain, 2017. "Constitutional Judicial Behavior: Exploring the Determinants of the Decisions of the French Constitutional Council," Review of Law & Economics, De Gruyter, vol. 13(2), pages 1-41, July.
    20. Raphaël Franck, 2009. "Judicial Independence Under a Divided Polity: A Study of the Rulings of the French Constitutional Court, 1959--2006," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 25(1), pages 262-284, May.
    21. Heckman, James, 2013. "Sample selection bias as a specification error," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 31(3), pages 129-137.
    22. Gely, Rafael & Spiller, Pablo T., 1992. "The political economy of supreme court constitutional decisions: The case of Roosevelt's court-packing plan," International Review of Law and Economics, Elsevier, vol. 12(1), pages 45-67, March.
    23. Daniel Berkowitz & Karen Clay, 2006. "The Effect of Judicial Independence on Courts: Evidence from the American States," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 399-440, June.
    24. 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.
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    More about this item

    Keywords

    Public officials; Electoral fraud; Elections; Judges;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government

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