战略性司法偏好揭示

Strategic Judicial Preference Revelation

Journal of Law & Economics · 2014
被引 13
人大 A-ABS 3

中文导读

研究新上任大法官如何通过投票策略性地揭示或隐藏真实意识形态,以影响未来大法官的选任,并预测不同案件特征下的投票行为变化。

Abstract

We examine the revelation of preferences of justices whose true ideologies are not known when entering the Court but gradually become apparent through their judicial decisions. In a 2-period president-Senate-Court game, we show that some new justices vote disingenuously and so move the perceived ideology of the overall Court closer to their ideally preferred outcome, which influences the selection of future justices. Justices will sometimes have an incentive to exaggerate the extremeness of their preferences and at other times will seek to appear more moderate. Systematic changes in judicial behavior can be predicted on the basis of the characteristics of the cases; the initial ideologies of the justices, the president, and the Senate; and the probabilities of retirement of the justices. These results have important implications for interpreting judicial voting behavior: particularly, it is not safe to infer changes in actual judicial preferences from changes in expression of judicial preferences.

司法偏好揭示策略性投票法官意识形态司法行为