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Judicial Lobbying: The Politics of Labor Law Constitutional Interpretation

Author

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  • IARYCZOWER, MATIAS
  • SPILLER, PABLO T.
  • TOMMASI, MARIANO

Abstract

This paper links the theory of interest groups influence over the legislature with that of congressional control over the judiciary. The resulting framework reconciles the theoretical literature of lobbying with the negative available evidence on the impact of lobbying over legislative outcomes, and sheds light to the determinants of lobbying in separation-of-powers systems. We provide conditions for judicial decisions to be sensitive to legislative lobbying, and find that lobbying falls the more divided the legislature is on the relevant issues. We apply this framework to analyze supreme court labor decisions in Argentina, and find results consistent with the predictions of the theory.

Suggested Citation

  • 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.
    • Handle: RePEc:cup:apsrev:v:100:y:2006:i:01:p:85-97_06
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    Cited by:

    1. Roberto Cortes Conde, 2008. "Spanish America Colonial Patterns: The Rio de La Plata," Working Papers 96, Universidad de San Andres, Departamento de Economia, revised Mar 2008.
    2. Iaryczower, Matias & Lewis, Garrett & Shum, Matthew, 2013. "To elect or to appoint? Bias, information, and responsiveness of bureaucrats and politicians," Journal of Public Economics, Elsevier, vol. 97(C), pages 230-244.
    3. 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.
    4. Santanu Sarkar, 2019. "How independent is India’s labour law framework from the state’s changing economic policies?," The Economic and Labour Relations Review, , vol. 30(3), pages 422-440, September.
    5. Nuno Garoupa & Marian Gili & Fernando Gómez‐Pomar, 2012. "Political Influence and Career Judges: An Empirical Analysis of Administrative Review by the Spanish Supreme Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(4), pages 795-826, December.
    6. Pablo T. Spiller & Sanny Liao, 2006. "Buy, Lobby or Sue: Interest Groups' Participation in Policy Making - A Selective Survey," NBER Working Papers 12209, National Bureau of Economic Research, Inc.
    7. Santiago Urbiztondo & Marcela Cristini & Cynthia Moskovitz & Sebastian Saiegh, 2009. "The Political Economy of Productivity in Argentina: Interpretation and Illustration," Research Department Publications 4641, Inter-American Development Bank, Research Department.
    8. Rui J. P. De Figueiredo & Geoff Edwards, 2007. "Does Private Money Buy Public Policy? Campaign Contributions and Regulatory Outcomes in Telecommunications," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 16(3), pages 547-576, September.
    9. Raphaël Franck, 2018. "Judicial impartiality in politically charged cases," Constitutional Political Economy, Springer, vol. 29(2), pages 193-229, June.

    More about this item

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • O1 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development

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