State Supreme Courts and the Effects of Statutory Constraint
Do state supreme court judges render decisions according to their ideological preferences, or are they constrained by the language of state statutes? Using data from the Judge-Level State Supreme Court Database, the authors analyze the votes of individual judges from 1995 to 1998 to determine whether their behavior is constrained by legislation. The results indicate that more detailed language (resulting in statutes with higher word counts) significantly limits the discretion afforded to liberal judges while simultaneously facilitating the ideological voting of their conservative colleagues.
Checking the Federal Courts: The Impact of Congressional Statutes on Judicial Behavior
This paper examines the struggle between the legislative and judicial branches by focusing specifically on congressional influences on the behavior of federal judges. We argue that Congress may constrain individual judicial behavior by passing statutes containing detailed language. To test this thesis we borrow from the bureaucratic politics literature to introduce and test a new measure of statutory constraint. Using data from the U.S. Courts of Appeals we find that appellate court behavior is constrained significantly by statutory language, although this constraint is asymmetric across ideology. We discover substantial differences between Democratic and Republican appointees both in terms of statutory constraint and ideological voting. The data indicate judges appointed by Democratic presidents are constrained by statutory language in criminal cases. Similarly, Republican appointees are constrained by statutes in civil rights cases. Yet, neither Democrats nor Republicans are constrained in economic cases.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.