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Conceptual Framework and Empirical Methodology for Measuring Multidimensional Judicial Ideology

Author

Listed:
  • Matej Avbelj

    (Nova Univerza)

  • Janez Šušteršič

    (Re-forma d.o.o.)

Abstract

The article presents a conceptual framework and empirical methodology of an on-going research on the role of ideology in the decisions of the Slovenian Constitution Court. The literature review demonstrates that research on judicial ideology in the courts of European countries and international courts is still rare. This can be explained by conceptual, methodological and empirical challenges posed by this type of research. The article hence advances a conceptual framework which is, contra to the mainstream theoretical approach in the field, based on a multidimensional conception of ideology that is empirically operationalised along the economic, social and authoritarian dimensions with five possible ideological positions on each dimension. By applying the newly developed methodology to a sample of Court's decisions, it is demonstrated that this methodological approach is able to account for ideological differences between judges. This confirms that (judges') ideology is a complex multidimensional set of values and convictions that cannot be reduced to simply equating ideology with (possible) political affiliations.

Suggested Citation

  • 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.
    • Handle: RePEc:cmn:journl:y:2019:i:2:p:129-159
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    References listed on IDEAS

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    1. Bailey, Michael A. & Maltzman, Forrest, 2008. "Does Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court," American Political Science Review, Cambridge University Press, vol. 102(3), pages 369-384, August.
    2. Nadia Fiorino & Fabio Padovano & Grazia Sgarra, 2007. "The Determinants of Judiciary Independence: Evidence from the Italian Constitutional Court (1956-2002)," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 163(4), pages 683-705, December.
    3. 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.
    4. Paul H. Edelman & David E. Klein & Stefanie A. Lindquist, 2012. "Consensus, Disorder, and Ideology on the Supreme Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(1), pages 129-148, March.
    5. 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.
    6. Keren Weinshall‐Margel, 2011. "Attitudinal and Neo‐Institutional Models of Supreme Court Decision Making: An Empirical and Comparative Perspective from Israel," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(3), pages 556-586, September.
    7. 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.
    8. 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.
    9. Garoupa, Nuno & Grembi, Veronica, 2015. "Judicial review and political partisanship: Moving from consensual to majoritarian democracy," International Review of Law and Economics, Elsevier, vol. 43(C), pages 32-45.
    10. Matias Iaryczower & Gabriel Katz, 2016. "More than Politics: Ability and Ideology in the British Appellate Committee," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(1), pages 61-93.
    11. Jim A C Everett, 2013. "The 12 Item Social and Economic Conservatism Scale (SECS)," PLOS ONE, Public Library of Science, vol. 8(12), pages 1-11, December.
    12. Jordi Blanes i Vidal & Clare Leaver, 2013. "Social Interactions and the Content of Legal Opinions," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(1), pages 78-114, February.
    13. Fabio Padovano, 2009. "The time-varying independence of Italian peak judicial institutions," Constitutional Political Economy, Springer, vol. 20(3), pages 230-250, September.
    14. Carrubba, Clifford J. & Gabel, Matthew & Hankla, Charles, 2008. "Judicial Behavior under Political Constraints: Evidence from the European Court of Justice," American Political Science Review, Cambridge University Press, vol. 102(4), pages 435-452, November.
    15. Robertson, David, 1982. "Judicial Ideology in the House of Lords: A Jurimetric Analysis," British Journal of Political Science, Cambridge University Press, vol. 12(1), pages 1-25, January.
    16. Paresh Kumar Narayan & Russell Smyth, 2007. "What Explains Dissent on the High Court of Australia? An Empirical Assessment Using a Cointegration and Error Correction Approach," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(2), pages 401-425, July.
    17. Kay, Aaron C. & Jost, John T., 2003. "Complementary Justice: Effects of "Poor But Happy" and "Poor But Honest" Stereotype Exemplars on System Justification and Implicit Activation of the Justice Motive," Research Papers 1753r, Stanford University, Graduate School of Business.
    18. Matthew Spitzer & Eric Talley, 2013. "Left, Right, and Center: Strategic Information Acquisition and Diversity in Judicial Panels," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(3), pages 638-680, June.
    19. 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.
    20. Michele Santoni & Francesco Zucchini, 2006. "Legislative output and the Constitutional Court in Italy," Constitutional Political Economy, Springer, vol. 17(3), pages 165-187, September.
    21. 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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