Judicial impartiality in politically charged cases
This paper examines under which institutional and political circumstances tenured public officials make partisan decisions. It analyzes the decisions of the judges from the French supreme administrative court regarding the validity of controverted mayoral elections between 1958 and 2007 and uses the vote differential between winners and losers in each election as a quasi-natural experiment to assess the judges’ impartiality. It appears that the judges became partisan after 1981, when the far-right Front National party started to gain more votes. Before 1981, judges cancelled elections only when the vote differential between the election winner and the closest challenger was small. Afterwards, the affiliation of the parties’ candidates also mattered as judges seldom cancelled elections won by communist, mainstream left-wing and mainstream right-wing politicians.
KeywordsPublic officials Electoral fraud Elections Judges
JEL ClassificationD72 D73 H11
I thank Stefan Voigt (the editor), two anonymous referees, Katarzyna Metelska-Szaniawska as well as participants at the ALEA and ELEA meetings for helpful comments. The usual disclaimer applies.
- Baruch, M.-O. (1997). Servir l’Etat Français—L’administration en France de 1940 à 1944. Paris: Fayard.Google Scholar
- Courtois, S., & Lazar, M. (2000). Histoire du Parti Communiste Français. Paris: PUF.Google Scholar
- Dahl, R. (1971). Polyarchy: Participation and opposition. New Haven, CT: Yale University Press.Google Scholar
- Duverger, M. (1986). Bréviaire de la Cohabitation. Paris: Presses Universitaires de France.Google Scholar
- Espinosa, R. (2017). Constitutional judicial behavior: Exploring the determinants of the decisions of the french constitutional council. Review of Law and Economics, 13(2).Google Scholar
- Kunicova, J., & Rose-Ackerman, S. (2005). Electoral rules and constitutional structures as constraints on corruption. British Journal of Political Science, 33(10), 1567–1585.Google Scholar
- Pfister, T. (1986). La Vie Quotidienne à Matignon au Temps de l’Union de la Gauche. Paris: Gallimard.Google Scholar
- Rémond, R. (1982). Les Droites en France (4th ed.). Paris: Aubier-Montaigne.Google Scholar
- Thompson, D. (2002). Just elections: Creating a fair electoral process of the United States. Chicago, IL: Chicago University Press.Google Scholar