UZH-Logo

Maintenance Infos

Power, composition, and decision making: the behavioral consequences of institutional reform on brazil’s supremo tribunal federal


Desposato, Scott W; Ingram, Matthew C; Lannes, Osmar P (2015). Power, composition, and decision making: the behavioral consequences of institutional reform on brazil’s supremo tribunal federal. Journal of Law, Economics, & Organization, 31(3):534-567.

Abstract

How does a court’s policy-making authority shape the nature of judicial behavior? We argue that judicial systems that limit policy-making authority also discourage the politicization of courts, encouraging judges to think narrowly about the interests of litigating parties. In contrast, granting a court high policy-making authority—affecting potentially thousands of cases and other branches of government—naturally encourages judges to consider broader ideological principles. Typically, unraveling cause and effect would be difficult, as judicial behavior and institutions are usually stable and endogenous. But an especially stark sequence of political and institutional changes in Brazil affords analytic leverage to explore these questions. A series of judicial reforms greatly expanded the Brazilian Supreme Court’s authority, and our analysis of judicial decisions shows the emergence of a political cleavage on the court after these reforms.

Abstract

How does a court’s policy-making authority shape the nature of judicial behavior? We argue that judicial systems that limit policy-making authority also discourage the politicization of courts, encouraging judges to think narrowly about the interests of litigating parties. In contrast, granting a court high policy-making authority—affecting potentially thousands of cases and other branches of government—naturally encourages judges to consider broader ideological principles. Typically, unraveling cause and effect would be difficult, as judicial behavior and institutions are usually stable and endogenous. But an especially stark sequence of political and institutional changes in Brazil affords analytic leverage to explore these questions. A series of judicial reforms greatly expanded the Brazilian Supreme Court’s authority, and our analysis of judicial decisions shows the emergence of a political cleavage on the court after these reforms.

Altmetrics

Additional indexing

Other titles:Judicial Behavior in Civil Law Systems: Changing Patterns on the Brazilian Supremo Tribunal Federal
Item Type:Journal Article, refereed, original work
Communities & Collections:06 Faculty of Arts > Institute of Political Science
Dewey Decimal Classification:320 Political science
Language:English
Date:2015
Deposited On:12 Jan 2016 09:36
Last Modified:05 Apr 2016 19:53
Publisher:Oxford University Press
ISSN:8756-6222
Publisher DOI:https://doi.org/10.1093/jleo/ewu018
Official URL:http://jleo.oxfordjournals.org/content/31/3/534.full.pdf+html
Related URLs:http://jleo.oxfordjournals.org/content/31/3.toc

Download

Full text not available from this repository.
View at publisher

TrendTerms

TrendTerms displays relevant terms of the abstract of this publication and related documents on a map. The terms and their relations were extracted from ZORA using word statistics. Their timelines are taken from ZORA as well. The bubble size of a term is proportional to the number of documents where the term occurs. Red, orange, yellow and green colors are used for terms that occur in the current document; red indicates high interlinkedness of a term with other terms, orange, yellow and green decreasing interlinkedness. Blue is used for terms that have a relation with the terms in this document, but occur in other documents.
You can navigate and zoom the map. Mouse-hovering a term displays its timeline, clicking it yields the associated documents.

Author Collaborations