Download full text
(external source)
Citation Suggestion
Please use the following Persistent Identifier (PID) to cite this document:
https://nbn-resolving.org/urn:nbn:de:gbv:18-4-7657
Exports for your reference manager
Evaluating theories of decision-making on the peruvian constitutional tribunal
Evaluierung der Theorien zur Entscheidungsfindung anhand des Verfassungstribunals in Peru
[journal article]
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... view more
"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)... view less
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
Criminal Sociology, Sociology of Law
Organizational Sociology
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