Do Administrative Courts Favor the Government? Evidence from Medical Malpractice in Spain
66 Pages Posted: 12 Jan 2012 Last revised: 17 Jul 2012
Date Written: July 4, 2012
A standard argument against specialized administrative courts in the tradition of civil law jurisdictions is their lack of independence. They are perceived to be ineffective in restraining the government’s interference with private rights, therefore failing to secure strong judicial independence. In this paper, we use a dataset of 365 medical malpractice cases decided by the Spanish Supreme Court in 2006-2010 to test the extent to which administrative courts are biased in favor of the government. We ﬁnd no clear evidence that administrative courts decide more favorably for the defendant than civil courts.
Keywords: administrative courts, medical malpractice, Spain, capture, judicial behavior
JEL Classification: K
Suggested Citation: Suggested Citation