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Article
Building Reputation in Constitutional Courts: Party and Judicial Politics
Arizona Journal of International and Comparative Law (2011)
  • Nuno Garoupa, University of Illinois at Urbana-Champaign
  • Tom Ginsburg, University of Chicago
Abstract
This paper explains how specialized constitutional courts navigate between the demands of two different external audiences, the political and the judicial. The political audience expects constitutional court judges to respond to political pressures and to vote ideologically. Such voting, however, might undermine the constitutional court’s ability to influence the judicial audience, which necessarily views cases as apolitical in character. We argue that the need to achieve supremacy over other higher courts constrains the ability of constitutional judges to pursue ideological goals. We examine patterns of consensus and fragmentation to demonstrate our proposition. We find empirical evidence that the existence of conflict between supreme and constitutional courts is positively related to the stability of court majorities.
Disciplines
Publication Date
2011
Citation Information
Nuno Garoupa and Tom Ginsburg. "Building Reputation in Constitutional Courts: Party and Judicial Politics" Arizona Journal of International and Comparative Law Vol. 28 Iss. 3 (2011) p. 539 - 568
Available at: http://works.bepress.com/nunogaroupa/38/