Political Influence and Career Judges: An Empirical Analysis of Administrative Review by the Spanish Supreme Court

32 Pages Posted: 8 Nov 2012

See all articles by Nuno Garoupa

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Marian Gili

affiliation not provided to SSRN

Fernando Gómez‐Pomar

Universitat Pompeu Fabra

Multiple version iconThere are 2 versions of this paper

Date Written: December 2012

Abstract

This article develops an empirical analysis of judicial behavior in the Spanish Supreme Court, a court of law dominated by career judiciary. We focus on administrative review. The evidence seems to confirm that a career judiciary is not strongly politically aligned and favors consensus, formalism, and dissent avoidance. Notwithstanding, we detect a significant relationship between the decisions of the Court and the interest of the government. We suggest that our empirical analysis makes a significant contribution to undermine the myth of political insulation by career judges. Unlike previous literature, however, we argue and illustrate that judicial politicization can be consistent with consensus and dissent avoidance.

Suggested Citation

Garoupa, Nuno and Gili, Marian and Gómez‐Pomar, Fernando, Political Influence and Career Judges: An Empirical Analysis of Administrative Review by the Spanish Supreme Court (December 2012). Journal of Empirical Legal Studies, Vol. 9, Issue 4, pp. 795-826, 2012. Available at SSRN: https://ssrn.com/abstract=2172643 or http://dx.doi.org/10.1111/j.1740-1461.2012.01270.x

Nuno Garoupa (Contact Author)

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

3301 Fairfax Drive
Arlington, VA 22201
United States

Marian Gili

affiliation not provided to SSRN

No Address Available

Fernando Gómez‐Pomar

Universitat Pompeu Fabra

Ramon Trias Fargas, 25-27
Barcelona, E-08005
Spain

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