Judicial Independence Under a Divided Polity: A Study of the Rulings of the French Constitutional Court, 1959-2006

Raphaël Franck

53 citations0/0 files storedThe Journal of Law Economics and Organization

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Judicial and Constitutional Studies Legal and Constitutional Studies Law and Political Science

Abstract

This article analyzes whether the much-touted independence of the Conseil Constitutionnel (CC), the French Constitutional Court, is genuine. We construct a data set that comprises all the rulings of the CC between 1959 and 2006, taking into account the composition of the CC as well as the characteristics of the legislation reviewed by the judges. We find that the judges mainly rendered independent rulings when the polity was divided between left-wing and right-wing parties. (JEL D72, D73, K40)

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References

1975The Independent Judiciary in an Interest-Group Perspective 1975The Independent Judiciary in an Interest-Group Perspective 1992Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relations Decisions, 1949-1988 1990A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases 2002Judicial Independence in Unstable Environments, Argentina 1935-1998 2004Is There a Politically Optimal Level of Judicial Independence?1992The political economy of supreme court constitutional decisions: The case of Roosevelt's court-packing plan 2002Economic Analysis and the Design of Constitutional Courts

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