We examine how judge–public co‐partisanship conditions the effects of policy losses on approval of the court and perceptions of the court as political and legal.
We use a repeated measure vignette experiment to examine the within‐respondent change in court approval and perceptions of the court as political and legal.
We find that whether the deciding judge is a co‐partisan or out‐partisan crucially shapes federal court approval, perceived legality, and perceived politicization of the federal courts after the loss.
These findings suggest the costs of judicial decisions depend not only on policy disagreement but also on partisan alignment, underscoring the need to situate court outputs within their larger political context. Additionally, we also extend previous work on the Supreme Court by showing that similar effects are found when the court is lower in the judiciary hierarchy.
Free press protections are fundamental to constitutional democracy, yet their enforcement varies when judges themselves face media scrutiny. Drawing on 658 decisions from eight democratic countries and the European Court of Human Rights, we show that judges are significantly less likely to uphold press rights when co...
Stephan Stohler, M. Ingram· Global Constitutionalism· 0 citations
Although the Constitutional Court decision is final and binding, the Court has revised its constitutional interpretation in several judicial reviews of the Election Law, including Decision 116/PUU-XXI/2023 on the parliamentary threshold. In previous rulings, the Court treated the 4% threshold as an open legal policy, b...
The Voting Rights Act of 1965 (VRA) transformed American democracy by giving the federal government practical tools to combat racial discrimination in voting, most notably through Section 5 preclearance and Section 2 litigation. This article examines whether the United States Supreme Court has so limited those tools th...
Richard J. Hunter, Hector R. Lozada· Advances in Social Sciences...· 0 citations
The finality of court judgments is essential to legal certainty, yet the enforcement of a final and binding judgment may affect the rights of third parties who were not involved in the principal proceedings. Previous studies have mainly examined third-party opposition (derden verzet) as a legal remedy for protecting th...
Maniur Sinaga· Siber International Journal...· 0 citations
In its 2018 Hunba152 decision, the Constitutional Court ruled that Article 254, Paragraph 1 of the Public Official Election Act, which punishes those who campaign on election day, does not violate the freedom of election campaigning or political expression. This paper critically examines the reasoning structure of that...
Hyun Suk Kee· Korean Association of Intern...· 0 citations
This article identifies three central characteristics of collateral consequences policy in the United States, employing a case study of laws limiting the ability of people with conviction records to serve on juries. Collateral consequences, or collateral sanctions, restrict the rights and privileges of people with...
Alec C. Ewald· Law & Policy· 0 citations
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