In this paper we test to what extent the Kelsenian-type of constitutional judges are independent from political parties by studying of the Portuguese Constitutional Court. The results yield three main conclusions. First, constitutional judges in Portugal are quite sensitive to their political affiliations and their political party's presence in government when voting. Second, peer pressure is very relevant. Third, the 1997 reform that was enacted to increase judicial independence has had no robust statistically significant effect.
Law and Economics
Date of this Version
Sofia AmaralGarcia, Nuno Garoupa, and Veronica Grembi, "Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal" (July 2008). University of Illinois Law and Economics Working Papers. Working Paper 95.