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Article
Mixed Judicial Selection and Constitutional Review: Evidence from Spain
European Constitutional Law Review (2021)
  • Nuno Garoupa, George Mason University
  • Marian Gili, Universitat Pompeu Fabra
  • Fernando Gómez, Universitat Pompeu Fabra
Abstract
Recent evidence suggests that constitutional judges appointed by different institutions could have a distinct approach to adjudication. We use the particular case of the Spanish Constitutional Court to empirically investigate this hypothesis. Constitutional judges in Spain have different professional backgrounds and are selected by four different institutions, namely executive, legislative (lower and upper houses), and judicial branches of government. We find some evidence that they exhibit different patterns of invalidating statues and dissenting. However, the results also show that professional backgrounds and appointing institutions do not seem to shape politicization.
Keywords
  • judicial behavior,
  • mixed judicial selection,
  • Spain
Disciplines
Publication Date
2021
Citation Information
Nuno Garoupa, Marian Gili and Fernando Gómez. "Mixed Judicial Selection and Constitutional Review: Evidence from Spain" European Constitutional Law Review Vol. 17 (2021)
Available at: http://works.bepress.com/nunogaroupa/191/