Independent judicial review: A blessing in disguise

Alon Cohen

International Review of Law and Economics, 2014, vol. 37, issue C, 209-220

Abstract: Traditional political-economy wisdom implies that independent judicial review is a commitment device, used by politicians to credibly validate policies they sell to special-interest groups. This study suggests a somewhat opposite thesis, whereby independent judicial review allows politicians to credibly commit to destabilizing the validity of such policies. Due to the probable judicial intervention—as a result of the independent judicial review process—the expected policy in force will align more closely with general-interests, insofar as constitutional standards are so oriented. Thus social welfare increases and the politician gains electoral benefits which are otherwise unattainable in equilibrium.

Keywords: Judicial independence; Judicial review; Lobbying contributions; Constitution (search for similar items in EconPapers)
JEL-codes: K40 P48 (search for similar items in EconPapers)
Date: 2014
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Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:irlaec:v:37:y:2014:i:c:p:209-220

DOI: 10.1016/j.irle.2013.10.006

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