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Evaluating theories of decision-making on the peruvian constitutional tribunal

Evaluierung der Theorien zur Entscheidungsfindung anhand des Verfassungstribunals in Peru
[journal article]

Brashear Tiede, Lydia; Ponce, Aldo Fernando

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Abstract "High courts with abstract review powers to find laws unconstitutional may provide a strong check on other political actors and influence public policy if the judges in these courts are impartial decision makers. This paper tests existing judicial decision-making theories in relation to the behavior of judges on the Peruvian Constitutional Tribunal who are selected exclusively by Congress. Taking advantage of an original data set of judges' votes on the Tribunal, we find that the origin of the law and whether the enacting governments at the national and subnational levels are still in power at the time of judicial review are important determinants of judicial behavior. Judges' own political loyalties seem to have no perceived effect on decision making, which suggests that political affiliations are trumped by strategic concerns of judges due to the institutional design of the Tribunal as well as the political context in which it operates." (author's abstract)
Keywords Peru; constitution; constitutional court; evaluation; decision; decision making; decision theory; judiciary; political attitude; explanation; legal factors; institutionalization; loyalty; judge; Andean Region; developing country; South America; Latin America
Classification Organizational Sociology; Criminal Sociology, Sociology of Law
Document language English
Publication Year 2014
Page/Pages p. 139-164
Journal Journal of Politics in Latin America, 6 (2014) 2
ISSN 1866-802X
Status Published Version; reviewed
Licence Creative Commons - Attribution-NoDerivs