Law or strategic calculus? Abstention in the Argentine Supreme Court
Sergio Muro and
International Review of Law and Economics, 2020, vol. 62, issue C
Abstention theory suggests that self-interest leads voters to abstain. While this theory has been studied in different settings, abstention in courts has received scant attention. Jacobi and Kontorovich (2014) hypothesize that stare decisis renders abstention theory inapplicable to courts. We test this prediction empirically using data from the Argentine Supreme Court. Consistent with abstention theory, we show that Justices whose vote is pivotal have a lower probability of abstention than non-pivotal ones. In contrast, we fail to find evidence in support of the probability of abstention being positively related to appeals without stare decisis implications.
Keywords: High court; Abstention; Rational choice; Strategic; Precedent (search for similar items in EconPapers)
References: View references in EconPapers View complete reference list from CitEc
Citations: Track citations by RSS feed
Downloads: (external link)
Full text for ScienceDirect subscribers only
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
Persistent link: https://EconPapers.repec.org/RePEc:eee:irlaec:v:62:y:2020:i:c:s0144818819300602
Access Statistics for this article
International Review of Law and Economics is currently edited by C. Ott, A. W. Katz and H-B. SchÃ¤fer
More articles in International Review of Law and Economics from Elsevier
Bibliographic data for series maintained by Nithya Sathishkumar ().