Abstract

http://ssrn.com/abstract=1947244
 
 

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Determinants of Constitutionally Safeguarded Judicial Review – Insights Based on a New Indicator


Jerg Gutmann


University of Hamburg - Institute of Law and Economics

Bernd Hayo


University of Marburg - School of Business & Economics

Stefan Voigt


University of Hamburg - Institute of Law & Economics; CESifo (Center for Economic Studies and Ifo Institute)

October 21, 2011


Abstract:     
Many observers have noted that constitutional review spread rather fast after World War II. It has also been noted that the continental (or Austrian) model of constitutional review was spreading relatively faster than the U.S. American one. Various conjectures regarding possible causes for the spread of constitutional review have been discussed.

This paper makes constitutional review comparable across countries by drawing on four variables and a composite indicator of constitutional review. It thus allows us to empirically test the various hypotheses regarding the diffusion of constitutional review. The variables have been coded on an annual basis for 100 countries over the period from 1950 until 2005. The data are used as dependent variables. We are, hence, interested in identifying the determinants of both the original choice of constitutional review and its change over time. This implies that both very stable variables such as geography and history are analyzed as well as more contemporaneous ones as constitutional choices made simultaneously with the choice of constitutional review.

This paper is part of a larger project that makes many more aspects of judicial independence comparable across time and space. This not only allows more precise statements regarding determinants of judicial independence but also regarding its (economic) effects.

Number of Pages in PDF File: 43

Keywords: Constitutional Review, Judicial Independence, Constitutional Choice, Constitutional Change

JEL Classification: K10, N40

working papers series


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Date posted: October 21, 2011  

Suggested Citation

Gutmann, Jerg and Hayo, Bernd and Voigt, Stefan, Determinants of Constitutionally Safeguarded Judicial Review – Insights Based on a New Indicator (October 21, 2011). Available at SSRN: http://ssrn.com/abstract=1947244 or http://dx.doi.org/10.2139/ssrn.1947244

Contact Information

Jerg Gutmann
University of Hamburg - Institute of Law and Economics ( email )
Johnsallee 35
Hamburg, 20148
Germany
+49(0)-40-42838-3040 (Phone)
+49(0)-40-42838-6794 (Fax)
HOME PAGE: http://www.jura.uni-hamburg.de/personen/gutmann/
Bernd Hayo
University of Marburg - School of Business & Economics ( email )
Universitaetsstr. 24
Marburg, D-35032
Germany
++49(0)6421-28-23091 (Phone)
++49(0)6421-28-23193 (Fax)
Stefan Voigt (Contact Author)
University of Hamburg - Institute of Law & Economics ( email )
Johnsallee 35
Hamburg, 20148
Germany
+49-40-428385782 (Phone)
+49-40-428386794 (Fax)
CESifo (Center for Economic Studies and Ifo Institute)
Poschinger Str. 5
Munich, DE-81679
Germany
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