How Does Court Stability Affect Legal Stability?

58 Pages Posted: 12 Mar 2020

See all articles by Álvaro E. Bustos

Álvaro E. Bustos

Pontificia Universidad Catolica de Chile

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Date Written: February 19, 2020

Abstract

The formation of coalitions in a court has attracted the attention of political scientists and legal economists. The question we address in this article is the extent to which coalition stability impacts the law. We consider a model where a court has two judicial coalitions, majority and minority. However, they may change their relative influence over time. We show that, while both sides have a preferred legal policy and want their standard to become law, the two coalitions may compromise on not changing the standard, thus maintaining the status quo, because of majority uncertainty in the future. One important implication from our article is that less certainty concerning the future (in terms of majority and minority) could actually make the law more stable in the present (since the standard is unchanged). In addition, we prove that moderate standards are more likely to endure the passage of time when compared to extreme standards.

Keywords: Political Coalition; Legal Standard; Changing Legal Standard; Legal Stability

JEL Classification: K10, K40, H0

Suggested Citation

Bustos, Álvaro E. and Garoupa, Nuno, How Does Court Stability Affect Legal Stability? (February 19, 2020). Available at SSRN: https://ssrn.com/abstract=3540984 or http://dx.doi.org/10.2139/ssrn.3540984

Álvaro E. Bustos (Contact Author)

Pontificia Universidad Catolica de Chile ( email )

Vicuna Mackena 4860. Macul
Santiago
Chile

HOME PAGE: http://sites.google.com/site/20bustos13/

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
36
Abstract Views
374
PlumX Metrics