EconPapers    
Economics at your fingertips  
 

Exploring dissent in the Supreme Court of Argentina

Sergio Muro, Sofia Amaral-Garcia, Alejandro Chehtman and Nuno Garoupa

ULB Institutional Repository from ULB -- Universite Libre de Bruxelles

Abstract: When dissents are allowed, judges must decide whether or when to write them. While the main insights of rational dissent theory have been documented and corroborated in several empirical studies, there has been much less evidence testing on how different types of dissent may affect the likelihood of dissent. Particularly, dissents in more salient cases, or more forceful dissents, may have stronger legal effects than dissents appearing in less relevant cases or very narrowly construed dissents. Our article aims to fill that gap in the literature by seeking to isolate varying levels of appeal intensity and types of dissents in the Supreme Court of Argentina. Unlike previous literature, we find that more important cases have a lower likelihood of carrying a dissenting opinion. Yet, when we breakdown dissents by type (that is, reasoned dissents versus boilerplate dissents), we find that majority decisions carrying dissents tend to be longer, but only in cases of reasoned dissents. Furthermore, we show that reasoned dissents are more likely to occur in important cases. Overall, our study highlights that not all dissents should be treated alike as different types of dissent carry different levels of collegial and effort related costs. These costs affect the likelihood of dissent in different and complex ways.

Keywords: Argentina; Dissents; Judicial behavior (search for similar items in EconPapers)
Date: 2020-01-01
New Economics Papers: this item is included in nep-law
Note: SCOPUS: ar.j
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (2)

Published in: International review of law and economics (2020) v.63

Downloads: (external link)
https://dipot.ulb.ac.be/dspace/bitstream/2013/308990/3/2020_IRLE_SCArgentina.pdf Full text for the whole work, or for a work part (application/pdf)

Related works:
Journal Article: Exploring dissent in the Supreme Court of Argentina (2020) Downloads
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:ulb:ulbeco:2013/308990

Ordering information: This working paper can be ordered from
http://hdl.handle.ne ... lb.ac.be:2013/308990

Access Statistics for this paper

More papers in ULB Institutional Repository from ULB -- Universite Libre de Bruxelles Contact information at EDIRC.
Bibliographic data for series maintained by Benoit Pauwels ().

 
Page updated 2025-03-30
Handle: RePEc:ulb:ulbeco:2013/308990