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    The constitutional political economy assumption that judg... — Carmelics
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    Challenges→A normative theory of adjudication derived from constitutional political economy must be structural, describing the structure of adjudication rather than dictating judicial motivation directly.

    The constitutional political economy assumption that judges invariably act self-interestedly is falsified by empirical judicial behavior studies showing deference to principle over interest.

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    Key Terms

    Deference to principle(describing what judges actually do according to the studies)
    Choosing to follow what you believe is morally or legally right instead of what benefits you personally.
    Empirical
    # Empirical Empirical means based on real observation, experience, or experiments rather than theory or guessing. When something is empirical, it's proven by actually testing it or seeing it happen in the real world, not just thinking about it logically. For example, empirical evidence might be data collected from a survey or results from a scientific experiment that shows what actually occurs.
    Falsified(describing when a claim is shown to be incorrect)
    Proven to be false or wrong by finding evidence against it.
    Judicial behavior(what researchers study to test the assumption)
    The actual actions and decisions that judges make in real courtrooms and legal situations.

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    Self-interested(describing the assumption about judges' motivations)
    Acting primarily to benefit yourself rather than considering what's good for others or what's morally right.
    constitutional political economy(Distinguished from the policy analysis strand of economic analysis of law)
    A strand of political economy with normative aims that assumes political actors act self-interestedly within existing institutions but that agents act more impartially when designing the political institutions within which they will work.

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    Democracy & Governance1 linked

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    A normative theory of adjudication derived from constitutional political economy...

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