Date: 2017
Type: Article
Party polarization and its consequences for judicial power and judicial independence
European journal of legal studies, 2017, Vol. 10, No. 1, pp. 161-202
BRICKER, Benjamin, Party polarization and its consequences for judicial power and judicial independence, European journal of legal studies, 2017, Vol. 10, No. 1, pp. 161-202
- https://hdl.handle.net/1814/48072
Retrieved from Cadmus, EUI Research Repository
In this article I reconsider the party-level forces affecting the establishment of judicial review and judicial independence. Though most current theory examines the competitiveness of the party system, I argue instead that the level of party polarization should lead to demonstrable effects on the establishment of judicial review and judicial independence rules. Using data on party polarization from the Manifesto Project, I test this theory on 38 (mostly European) countries. Results indicate a robust relationship between polarization and the presence of strong judicial independence protections, and also reinforce the importance of party competition for the establishment of judicial review. These results have important implications for constitutional design and the development of judicial power, as well as practical implications for the ability of polarized societies to develop institutions that mediate conflict.
Additional information:
Published online: 22 September 2017
Cadmus permanent link: https://hdl.handle.net/1814/48072
ISSN: 1973-2937
External link: https://ejls.eui.eu/
Publisher: European University Institute