47 Pages Posted: 7 Jul 2008
Date Written: July 7, 2008
In this paper we test to what extent the Kelsenian-type of constitutional judges are independent from political parties by studying of the Portuguese Constitutional Court. The results yield three main conclusions. First, constitutional judges in Portugal are quite sensitive to their political affiliations and their political party's presence in government when voting. Second, peer pressure is very relevant. Third, the 1997 reform that was enacted to increase judicial independence has had no robust statistically significant effect.
Keywords: constitutional courts, judges, Portugal, empirical legal studies
JEL Classification: K0
Suggested Citation: Suggested Citation
Amaral-Garcia, Sofia and Garoupa, Nuno M. and Grembi, Veronica, Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal (July 7, 2008). U Illinois Law & Economics Research Paper No. LE08-21. Available at SSRN: https://ssrn.com/abstract=1156281 or http://dx.doi.org/10.2139/ssrn.1156281