Empirical Legal Studies and Constitutional Courts

Indian Journal of Constitutional Law, Vol. 4, No. 3

U Illinois Law & Economics Research Paper No. LE10-015

32 Pages Posted: 8 Jul 2010

See all articles by Nuno Garoupa

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Date Written: July 7, 2010

Abstract

The U.S. Supreme Court has been the focus of much attention by empirical scholars for more than twenty years. The Kelsenian-type constitutional courts have attracted attention more recently. The extent to which constitutional judges respond to party interests has been a matter of theoretical debate that cannot be solved without consistent empirical analysis. In this paper, we discuss the growing empirical evidence on constitutional courts, in particular the cases of Germany, France, Italy, Spain and Portugal. We conclude that party alignment matters, but the patterns of politicization are complex and diverse.

Suggested Citation

Garoupa, Nuno, Empirical Legal Studies and Constitutional Courts (July 7, 2010). Indian Journal of Constitutional Law, Vol. 4, No. 3; U Illinois Law & Economics Research Paper No. LE10-015. Available at SSRN: https://ssrn.com/abstract=1635963

Nuno Garoupa (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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