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Institutional Diffusion, Strategic Insurance, and the Creation of West African Constitutional Courts

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The creation of constitutional courts is a political affair because the judicial review of laws and competences potentially curbs the power of the elected branches. This paper seeks to explain the spread of constitutional courts and the extent of their formal independence. Our comparison of nine former French colonies in West Africa is built upon (a) the combination of the two competing theories of international diffusion and domestic strategic action–the political insurance model–and (b) a new, theoretically and arithmetically refined index of formal independence. The empirical analysis in this area of similar political context supports the argument that global trends and foreign reference models set a minimum standard and that interests in political insurance determine the deviations from institutional diffusion.
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Document Type: Research Article

Publication date: January 1, 2015

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  • Comparative Politics is an international journal that publishes scholarly articles devoted to the comparative analysis of political institutions and behavior. It was founded in 1968 to further the development of comparative political theory and the application of comparative theoretical analysis to the empirical investigation of political issues. Comparative Politics communicates new ideas and research findings to social scientists, scholars, and students, and is valued by experts in research organizations, foundations, and consulates throughout the world.
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