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Ideological bias in constitutional judgments: Experimental analysis and potential solutions

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  • Elena Kantorowicz‐Reznichenko
  • Jarosław Kantorowicz
  • Keren Weinshall

Abstract

Despite the importance and neutrality of constitutional rights, empirical research suggests that ideological inclinations unduly affect their assessment and application. In this study, we conducted two experiments in order to investigate the nature of the ideological bias in a constitutionally relevant decision (right‐to‐demonstration), and how to mitigate it. We find that ideological bias is driven by in‐group favoritism. In addition, we find that prior commitment, through a signed declaration, to be impartial or to prioritize constitutional rights encourages participants not to disfavor out‐groups. On the other hand, we do not find evidence that using a temporary blinding procedure mitigates the ideological bias.

Suggested Citation

  • Elena Kantorowicz‐Reznichenko & Jarosław Kantorowicz & Keren Weinshall, 2022. "Ideological bias in constitutional judgments: Experimental analysis and potential solutions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(3), pages 716-757, September.
  • Handle: RePEc:wly:empleg:v:19:y:2022:i:3:p:716-757
    DOI: 10.1111/jels.12323
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    References listed on IDEAS

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    Cited by:

    1. Christoph Engel, 2022. "Judicial Decision-Making. A Survey of the Experimental Evidence," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2022_06, Max Planck Institute for Research on Collective Goods.

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