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Appointing high-court judges by political parties

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Listed:
  • Nicolás Porteiro
  • Antonio Villar

Abstract

This paper proposes a mechanism to overcome the possibility that political parties may block the nomination of High-Court judges when the Parliament is involved in their nomination and their mandate expires on a fixed date. This possibility arises when the default option is that the judge whose mandate expires holds office until an agreement is reached. Our proposal consists of changing the default option by a weighted lottery, related to the shares in Parliament of the different parties. We show that this mechanism is capable of solving the problem under reasonable conditions and implementing a politically balanced solution. Copyright The Author(s) 2015

Suggested Citation

  • Nicolás Porteiro & Antonio Villar, 2015. "Appointing high-court judges by political parties," SERIEs: Journal of the Spanish Economic Association, Springer;Spanish Economic Association, vol. 6(1), pages 91-99, March.
    • Handle: RePEc:spr:series:v:6:y:2015:i:1:p:91-99
    DOI: 10.1007/s13209-014-0118-6
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    References listed on IDEAS

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    1. Rubinstein, Ariel, 1982. "Perfect Equilibrium in a Bargaining Model," Econometrica, Econometric Society, vol. 50(1), pages 97-109, January.
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    3. Baron, David P. & Ferejohn, John A., 1989. "Bargaining in Legislatures," American Political Science Review, Cambridge University Press, vol. 83(4), pages 1181-1206, December.
    4. Van Damme, Eric & Selten, Reinhard & Winter, Eyal, 1990. "Alternating bid bargaining with a smallest money unit," Games and Economic Behavior, Elsevier, vol. 2(2), pages 188-201, June.
    5. Banks, Jeffrey S. & Duggan, John, 2006. "A General Bargaining Model of Legislative Policy-making," Quarterly Journal of Political Science, now publishers, vol. 1(1), pages 49-85, January.
    6. Tymofiy Mylovanov & Andriy Zapechelnyuk, 2013. "Optimal Arbitration," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 54, pages 769-785, August.
    7. Cardona, Daniel & Ponsati, Clara, 2011. "Uniqueness of stationary equilibria in bargaining one-dimensional policies under (super) majority rules," Games and Economic Behavior, Elsevier, vol. 73(1), pages 65-75, September.
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    More about this item

    Keywords

    Negotiation; Political competition; Random protocols; Legislative bargaining; D72;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior

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