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Loyalty to the Party or Loyalty to the Party Leader: Evidence from the Spanish Constitutional Court
International Review of Law and Economics (2021)
  • Nuno Garoupa, George Mason University
  • Marian Gili, Universitat Pompeu Fabra
  • Fernando Gómez, Universitat Pompeu Fabra
Abstract
In a recent article, Epstein and Posner (2016) make an important distinction between ideological alignment and personal loyalty to the appointer. We use constitutional adjudication at the Spanish Constitutional Court to test for this distinction. We consider all constitutional review decisions in cases initiated by explicit political actors (recursos de constitucionalidad) from 1980 to 2018 (removal of Mariano Rajoy as prime minister); a total of 8,675 individual votes by constitutional judges in reference to 773 decisions taken by the Spanish Constitutional Court. The results obtained are consistent with a personal loyalty effect. Decomposition by nonunanimous decisions and appointing bodies do not undermine the statistical significance of an effect coherent with personal loyalty. However, the results indicate that the effect seems to be stronger more recently and for Zapatero’s appointees, in a period dominated by the financial crisis and the Catalan political situation.
Keywords
  • constitutional court,
  • judicial review,
  • political party,
  • Spain
Disciplines
Publication Date
2021
Citation Information
Nuno Garoupa, Marian Gili and Fernando Gómez. "Loyalty to the Party or Loyalty to the Party Leader: Evidence from the Spanish Constitutional Court" International Review of Law and Economics Vol. 67 (2021)
Available at: http://works.bepress.com/nunogaroupa/193/