The Political Determinants of Judicial Dissent: Evidence from the Chilean Constitutional Tribunal
Rice University - Department of Political Science
Lydia Brashear Tiede
University of Houston - Department of Political Science
February 26, 2014
Many judicial scholars argue that judicial dissent stems from the political differences on courts. Using the variation in political backgrounds on a constitutional court, Chile’s Constitutional Tribunal, we examine this question using case-level and vote-level data from 1990 until 2010. We first find that the rate of dissent rises after major reforms to the makeup of the Tribunal in 2005 and that the dissent rate corresponds to periods of greater political differences on the court. Examining variation across judges, we find that those who have identifiable partisan associations are generally more likely to dissent than those with no political background. We interpret these findings as consistent with the argument that ideological differences contribute to judicial dissent.
Number of Pages in PDF File: 37
Keywords: Constitutional Courts, Abstract Review, Chile
JEL Classification: K00working papers series
Date posted: July 1, 2010 ; Last revised: February 27, 2014
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