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Article
Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal
Journal of Empirical Legal Studies (2009)
  • Nuno Garoupa
  • Sofia Amaral Garcia, University of Bologna
  • Veronica Grembi
Abstract
In this paper we test to what extent the Kelsenian-type of constitutional judges are independent from political parties by studying the Portuguese Constitutional Court. The results yield three main conclusions. First, constitutional judges in Portugal are quite sensitive to their political affiliations and their political party’s presence in government when voting. Second, peer pressure is very relevant. Third, the 1997 reform that was enacted to increase judicial independence has had no robust statistically significant effect.
Keywords
  • Constitutional court,
  • Portugal,
  • judicial independence,
  • party politics
Disciplines
Publication Date
2009
Citation Information
Nuno Garoupa, Sofia Amaral Garcia and Veronica Grembi. "Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal" Journal of Empirical Legal Studies Vol. 6 Iss. 2 (2009) p. 381 - 404
Available at: http://works.bepress.com/nunogaroupa/22/