Chapter

The Effect of Judicial Decisions: Anti-Government Opinions and Electoral Law Disputes

in Measuring Judicial Independence

Published by University of Chicago Press

Published in print February 2003 | ISBN: 9780226703886
Published online March 2013 | e-ISBN: 9780226703879 | DOI: http://dx.doi.org/10.7208/chicago/9780226703879.003.0004
The Effect of Judicial Decisions: Anti-Government Opinions and Electoral Law Disputes

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This chapter first constructs an exploratory composite measure of “anti-government opinions” and asks whether judges who write such opinions suffer for it in their careers. Tentatively, it finds that they may. This composite index can then be disaggregated to examine which classes of opinions in the index have what effects. The chapter examines one of the most electorally sensitive set of disputes: cases involving the constitutionality of political campaign restrictions. It explores the dimensions on which the judges who took positions opposed to the Liberal Democratic Party (LDP) suffered. It finds that the punishment appears most strongly in the assignment to administrative duties and branch offices rather than in the geographic location of postings.

Keywords: judicial decision; electoral law; anti-government opinions; political campaign; Liberal Democratic Party; administrative duties

Chapter.  5402 words. 

Subjects: Comparative Law

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