Abstract

http://ssrn.com/abstract=1630986
 
 

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The Political Determinants of Judicial Dissent:  Evidence from the Chilean Constitutional Tribunal


Royce Carroll


Rice University - Department of Political Science

Lydia Brashear Tiede


University of Houston - Department of Political Science

February 26, 2014


Abstract:     
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: K00

working papers series


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Date posted: July 1, 2010 ; Last revised: February 27, 2014

Suggested Citation

Carroll, Royce and Tiede, Lydia Brashear, The Political Determinants of Judicial Dissent:  Evidence from the Chilean Constitutional Tribunal (February 26, 2014). Available at SSRN: http://ssrn.com/abstract=1630986 or http://dx.doi.org/10.2139/ssrn.1630986

Contact Information

Royce Carroll
Rice University - Department of Political Science ( email )
MS-24
P.O. Box 1892
Houston, TX 77251-1892
United States
713-348-2103 (Phone)
772-264-8530 (Fax)
HOME PAGE: http://rcarroll.web.rice.edu
Lydia Brashear Tiede (Contact Author)
University of Houston - Department of Political Science ( email )
Houston, TX 77204
United States
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