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Ideology and Career Judges: Reviewing Labor Law in the Spanish Supreme Court

Author

Listed:
  • Nuno Garoupa
  • Fernando Gómez-Pomar
  • Adrián Segura

Abstract

Conventional literature presents civil-law judiciaries as insulated from political preferences. We investigate labor law appeals in the Spanish Supreme Court for the period 2010-2020. Our findings show that ideology (proxied by conservative/progressive affiliation) is a good predictor of a pro-employee/pro-employer outcome. Specifically, the results detect a pattern of behavior by justice rapporteurs: conservative rapporteurs are more likely to be pro-employer while progressive rapporteurs are more likely to be pro-employee. These findings support previous empirical studies about decisions by the Spanish Supreme Court in other areas of law and challenge the conventional literature.

Suggested Citation

  • Nuno Garoupa & Fernando Gómez-Pomar & Adrián Segura, 2022. "Ideology and Career Judges: Reviewing Labor Law in the Spanish Supreme Court," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 178(2), pages 170-190.
  • Handle: RePEc:mhr:jinste:urn:doi:10.1628/jite-2022-0007
    DOI: 10.1628/jite-2022-0007
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    Cited by:

    1. Nuno Garoupa & Fernando Gómez Pomar & Adrián Segura & Sheila Canudas, 2023. "Punishing terrorists in the Spanish Supreme Court: has ideology played any role?," European Journal of Law and Economics, Springer, vol. 56(1), pages 1-21, August.

    More about this item

    Keywords

    judicial behavior; empirical legal studies; labor law; Spanish Supreme Court; justice rapporteur; ideology;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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