TY - JOUR
T1 - Ideological influences on governance and regulation
T2 - The comparative case of supreme courts
AU - Weinshall, Keren
AU - Sommer, Udi
AU - Ritov, Ya'acov
N1 - Funding Information: Dr. Weinshall's research was supported by the I-CORE program of the Planning and Budgeting Committee and the Israel Science Foundation (grant no. 1821/12). Dr. Sommer's research was supported by a Marie Curie grant. Dr. Sommer would like to thank his devoted research assistants, Adi Grady-Ashkenazi, Maayan Ravid and Oren Regev for their excellent work on this project. Professor Ritov's research was supported by the Israel Science Foundation (grant no. 1770/15). We are grateful for suggestions by Benjamin Alarie, Sofia Amaral-Garcia, Lucia Dalla Pellegrina, Adam Dodek, Yoav Dotan, Theodore Eisenberg, Lee Epstein, Joshua Fischman, Nuno Garoupa, Mark Gergen, Andrew Green, Chris Hanretty, Bert Kritzer, Rodelio Manacsa, Barak Medina, Ryan Owens, Jeffrey Segal, Boaz Shnoor, Douglas Spencer, Raanan Sulitzeanu-Kenan, Mark Tushnet, and Christopher Zorn. Funding Information: Dr. Sommerˈs research was supported by a Marie Curie grant. Dr. Sommer would like to thank his devoted research assistants, Adi Grady‐Ashkenazi, Maayan Ravid and Oren Regev for their excellent work on this project. Professor Ritovˈs research was supported by the Israel Science Foundation (grant no. 1770/15). Funding Information: Dr. Weinshallˈs research was supported by the I‐CORE program of the Planning and Budgeting Committee and the Israel Science Foundation (grant no. 1821/12). Publisher Copyright: © 2017 The Authors. Regulation & Governance published by John Wiley & Sons Australia, Ltd.
PY - 2018/9
Y1 - 2018/9
N2 - A key influence on governance and regulation is the ideology of individual decisionmakers. However, certain branches of government – such as courts – while wielding wide ranging regulatory powers, are expected to do so with no attitudinal influence. We posit a dynamic response model to investigate attitudinal behavior in different national courts. Our ideological scores are estimated based on probability models that formalize the assumption that judicial decisions consist of ideological, strategic, and jurisprudential components. The Dynamic Comparative Attitudinal Measure estimates the attitudinal decisionmaking on the institution as a whole. Additionally, we estimate Ideological Ideal Point Preference for individual justices. Empirical results with original data for political and religious rights rulings in the Supreme Courts of the United States, Canada, India, the Philippines, and Israel corroborate the measures' validity. Future studies can utilize Ideological Ideal Point Preference and the Dynamic Comparative Attitudinal Measure to cover additional courts, legal spheres, and time frames, and to estimate government deference.
AB - A key influence on governance and regulation is the ideology of individual decisionmakers. However, certain branches of government – such as courts – while wielding wide ranging regulatory powers, are expected to do so with no attitudinal influence. We posit a dynamic response model to investigate attitudinal behavior in different national courts. Our ideological scores are estimated based on probability models that formalize the assumption that judicial decisions consist of ideological, strategic, and jurisprudential components. The Dynamic Comparative Attitudinal Measure estimates the attitudinal decisionmaking on the institution as a whole. Additionally, we estimate Ideological Ideal Point Preference for individual justices. Empirical results with original data for political and religious rights rulings in the Supreme Courts of the United States, Canada, India, the Philippines, and Israel corroborate the measures' validity. Future studies can utilize Ideological Ideal Point Preference and the Dynamic Comparative Attitudinal Measure to cover additional courts, legal spheres, and time frames, and to estimate government deference.
KW - attitudinal decisionmaking
KW - comparative law
KW - judicial ideology
KW - judicial politics
KW - supreme court
UR - http://www.scopus.com/inward/record.url?scp=85022325193&partnerID=8YFLogxK
U2 - https://doi.org/10.1111/rego.12145
DO - https://doi.org/10.1111/rego.12145
M3 - Article
SN - 1748-5983
VL - 12
SP - 334
EP - 352
JO - Regulation and Governance
JF - Regulation and Governance
IS - 3
ER -