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IPS0010.1177/0192512115620196International Political Science ReviewTokdemir and Moral
Article
Mert Moral
Binghamton University (SUNY), USA
Efe Tokdemir
Binghamton University (SUNY), USA
Abstract
Examining justice-level determinants of party dissolution decisions can reveal how high Courts may influence
the public choice by constraining the representation of political ideologies. We argue that Constitutional
Court justices strategically engage in politics through party dissolution cases, and justices en garde act
to guard the regime against anti-establishment ideologies. As a graveyard of political parties, Turkey is an
appropriate case to study this claim. By introducing a unique dataset, we demonstrate that communist,
religious and ethnic parties in Turkey with considerable public support are more likely to be dissolved by
justices having an activist and pro-status quo ideological stance.
Keywords
Party dissolution, anti-establishment parties, judicialization, representation, Turkish politics
Introduction
In March 2008, the Constitutional Court of Turkey (hereinafter CCT) announced its intention to
review the case for dissolving the Justice and Development Party (AKP) the incumbent conserva-
tive party. Only four months after the AKPs first re-election with 47% of the popular votes, the
Court decided that the party was a focal point of non-secular activities1 that undermined the prin-
ciple of secularism. The results of the voting were 6 votes for and 5 votes against the dissolution.
However, the AKP managed to escape dissolution due to the lack of a qualified majority. The Court
nevertheless cut the state funding to the AKP in half.
Corresponding author:
Mert Moral, Department of Political Science, Binghamton University. PO Box 6000. Binghamton NY 13902-6000, USA.
Email: mmoral17@binghamton.edu.
The AKP case is only one of many in which a political party with high levels of electoral support
has been accused of violating the secularism principle in recent history. Ten years earlier, the CCT
dissolved the Welfare Party, the AKPs predecessor, and banned its leaders, including the former
prime minister, Necmettin Erbakan, from politics. The Court has dissolved a total of 27 political
parties to date. This figure is very high in comparison to the 18 party dissolutions in a total of 11
European states (Bourne, 2012), and for this reason alone merits the attention of comparative judi-
cial scholars. Why such a high number of party dissolutions in Turkey?
Not all the parties dissolved by the CCT represent the same ideology, but in almost all cases the
parties were accused of challenging the territorial integrity or the secular nature of the regime.
Numerous studies on the judicialization of Turkish politics, however, claim that the Courts deci-
sions are often of a political character (Belge, 2006; Celep, 2012; Kogacioglu, 2003, 2004;
zbudun, 2010; Shambayati and Kirdis, 2009; Tezcur, 2009). Can we argue, then, that the Court
strategically engages in politics through party dissolution cases to maintain the founding principles
of the Turkish political regime?
We argue that when the anti-establishment political parties constitute a prominent threat to the
regime, the judiciary takes a pro-status quo stance in favor of the state ideology. We test the viabil-
ity of this claim focusing on Turkey, a country with civil law tradition. In the literature, party dis-
solution decisions are considered to be a reaction of the regime against anti-establishment
ideologies (Algan, 2011: 809). Further, some scholars suggest that the Turkish political regime has
come close to a government of judges due to the Courts expansionist approach (Hazama, 2012;
zbudun, 2007; Shambayati and Kirdis, 2009; Tezcur, 2009). Examining the role of justice ideol-
ogy in decision-making, hence, is crucial, as explanations of politics are incomplete, unless they
incorporate courts (Epstein etal., 2001: 120), especially if the Courts are unconstrained but con-
straining actors. With this in mind, our primary purpose in this article is to investigate whether, and
if so, to what extent justices and defendant parties ideological positions influence the dissolution
decisions of the CCT. This differs from much of the previous literature on comparative courts,
which often pertains to judicial review cases (Corkin, 2010; Couso etal., 2010; Dressel, 2012;
Shapiro and Stone, 1994; Shapiro and Stone Sweet, 2002).
The justices of the CCT are argued to embrace Kemalism, which is the founding ideology of the
regime and the dominant perspective of political elites, based on Turkish nationalism and secular-
ism principles (Belge, 2006; Celep, 2012; Guney and Baskan, 2008; Kogacioglu, 2003; Shambayati
and Kirdis, 2009). In fact, prior studies neither assess the ideological stances of individual justices,
nor empirically examine the variation in their attitudes, and their effects on justices decisions.
However, party dissolution decisions are by no means consensus driven. Rather, individual dis-
senting opinions signal that the Courts decisions do not merely arise from legal norms but also
from the ideological dispositions of justices.
We suggest that examining the justice and party-level determinants of party dissolution deci-
sions can provide scholars with an understanding of how, and to what extent, high Courts can
indirectly overrule public choice by limiting the representation of diverse political ideologies. This
article is the first empirical assessment of how the ideological dispositions of the justices of the
CCT influence their decisions in dissolution cases against political parties representing anti-estab-
lishment ideologies. In this regard, we both assess the validity of the attitudinal model (Segal and
Spaeth, 2002) and demonstrate that the judiciary, often considered the least dangerous branch,
plays a decisive role in shaping the political sphere. Given that some other European high courts
have also attempted to curb anti-establishment ideologies, our findings have broader implications
for the comparative judicial politics literature.
We begin by examining the party dissolution phenomenon, and discuss why this is a matter of
importance. Next, we briefly summarize the attitudinal model of judicial decision-making used
herein to explain the CCTs dissolution decisions. We conclude by summarizing our findings and
offering a roadmap for future research.
prefer to do, tempered by what they think they ought to do, but constrained by what they perceive
feasible to do. This proposition does not imply that the legal model cannot explain the decisions
of the Court, but rather that other factors are also influential in judicial decision-making.
We assume that justices attitudes (e.g. ideologies and goals) are crucial in explaining their deci-
sions (Blake, 2012; Segal and Cover, 1989; Segal and Spaeth, 1993, 2002; Tate, 1981; Yates etal.,
2013a). In many countries, there is no formal mechanism for reviewing the decisions of high
courts, which implies that justices decisions are not monitored in any formal way, and that the
justices are unconstrained in their decision-making (Epstein etal., 2001; Stone, 1992). Moreover,
as high court justices are appointed for long periods or even for lifetime terms, they often do not
have any concerns relating to electoral accountability or re-election (Segal and Spaeth, 2002).
The attitudinal model has been frequently tested in the American context and more recently in
other established democracies with a common law tradition (Ostberg and Wetstein, 2007). It is
nevertheless important to scrutinize the ideological determinants of justices decisions in a range
of different legal and political contexts. Turkey provides an appropriate example with an activist
court as an unconstrained constraining actor, where the Courts decisions are not open to challenge
and the political domain is highly judicialized. In the next section, we offer a brief examination of
the CCT from historical, legal, and political perspectives in order to explain why we select the CCT
in considering the role of courts as political regulators in party dissolution cases.
the integrity of the regime does not necessarily render the CCT politically legitimate, especially for
the supporters of the dissolved political parties. Likewise, although the Court has the authority to
dissolve political parties under the rule of law, this does not imply that such decisions are free from
political considerations.
Along with the preamble of the 1982 Constitution, Article 68 of the Constitution and the law on
political parties are the legal norms cited most often in dissolution cases (Algan, 2011; Hakyemez
and Akgun, 2002; Karvonen, 2007). Article 68 states that the statutes, programs, and activities of
political parties cannot be in conflict with the independence of the state, its indivisible integrity,
human rights, the rule of law, the sovereignty of the nation, democracy, and the principle of secu-
larism. Of these provisions, perhaps the most restrictive for the representation of cleavage groups
are those regarding the indivisible integrity and secularism of the Turkish Republic. These vague
(zbudun, 2007: 259) restrictions are intended to consolidate the founding principles of the Turkish
Republic, especially with respect to the separatist claims of the Kurdish minority, and to the reli-
gious camp (Hakyemez and Akgun, 2002; Kogacioglu, 2003).
Thus, the Constitution itself is biased in favor of party dissolutions; it falls to the justices of the
CCT to enforce the founding principles of the Turkish regime. The provisions in Article 68 were
amended in 1995 and 2001 in instances in which political actors have tried to curb the Courts
activism. In 1995, in line with the European jurisdiction, a constitutional change hindered efforts
to dissolve political parties by requiring sufficient proof that the party subject to dissolution had
become the focal point of anti-regime activities (Algan, 2011; Hakyemez and Akgun, 2002).
Additional clauses limiting the power of the justices came into effect with the constitutional
changes in 2001. Since then, the Court can only dissolve a political party if it violates constitutional
provisions in its governing documents, by its activities, or by receiving financial aid from foreign
states, persons, or corporations. In addition to the dissolution, the amendment recognized a new
mechanism for checking political parties, the power to ask for a cut in the state funding for a party.
Additionally, the required majority for dissolution decisions was increased from a simple to a
qualified majority of at least three-fifths of the members of the Court.
Three political parties, the FP (Virtue Party), the HADEP (Peoples Democracy Party), and the
DTP (Democratic Society Party), have been dissolved since 2001 despite such comprehensive
changes in the Constitution that have made dissolving political parties more difficult. Moreover,
the lack of unanimity in the controversial FP and AKP cases in this period shows that there is still
space for the justices to arrive at different interpretations of legal norms, and to render correspond-
ingly different verdicts.
In fact, the replacement of retired justices and the appointment of new members by the former
prime minister of the conservative AKP, President Gl, have radically changed the composition of
the Court since his election in 2007. According to Celep (2012), the pro-status quo stance of the
Court favoring the unitary state and secularism principles before Gls election gave way to an
anti-status quo stance from 2007 onwards. In these respects, as zbudun (2007) and Algan (2011)
also argue, perhaps the main problem is not related to law or to constitutional amendments limiting
the power of the Court, but to the justices ideologies and activism. Although this does not decrease
the significance of the Constitutions bias against anti-establishment ideologies, a lack of accord
among the justices and the existence of dissenting opinions encourage us to focus on justice-level
determinants of party dissolutions.
politics pose a danger to democracy, while others see it as acting as a positive check and balance
(Caldeira, 1987; Hazama, 2012; Hirschl, 2004). Indeed, to the extent that judicial activism
reaches certain levels, the legitimacy of such courts is a serious concern. Activist high courts, in
this regard, have been accused of becoming a government of judges (Hirschl, 2004; Shapiro
and Stone, 1994: 400). Considering its power to dissolve political parties by referring to the
vague principles set forth in the Constitution, the CCT has dissolved 19 political parties since
1982. We argue that the decisions of the Court in the party dissolution cases reflect the ideologi-
cal positions of its justices.
As a last resort against regime changes, the Court is intended to be a non-political and legiti-
mate institution that has the power to constrain the representation of anti-establishment ideolo-
gies. We suggest that, although public choice cannot be restricted in democratic regimes, one
way to suppress anti-establishment demands can be through manipulating the supply of anti-
establishment ideologies. First, party dissolution as a way to do this is legitimate on legal
grounds for a majority of the public compared to putting barriers in front of all new entrant
parties. In addition, although electoral institutions are easier to change by the legislature, con-
stitutional changes preventing activism on the part of the Court require a qualified majority in
the Parliament, and often a constitutional referendum, which is difficult to achieve in frag-
mented political systems such as that of Turkey. Thus, limiting the supply of anti-establishment
ideologies through the Courts intervention is more legitimate in the eyes of the public, who
would otherwise see such legislative actions as illegitimate. Second, although new political
parties with extreme ideologies may succeed in overcoming financial and organizational restric-
tions, regulating the supply of political parties through the Court offers an unchallengeable
means to restrict the supply of anti-establishment ideologies.2 Thus, we hypothesize that the
CCT functions as both a preventive and a pre-emptive instrument in shaping the political
domain.
H1: Pro-status quo justices are more likely to vote for the dissolution of political parties.
So far, we suggest that justices ideological stances play an important role in the Courts party
dissolution decisions. In fact, not all the parties facing the dissolution threat represent anti-estab-
lishment ideologies. Compared with mainstream parties, ethnic, sectarian, and religious parties
that represent traditional cleavage groups in Turkey are more likely to be targeted by political
elites, as they challenge the very foundations of the regime. We expect justices to react proactively
and dissolve these parties based on the alleged threat of the existence of such political parties
represents.
H2: Pro-status quo justices are more likely to vote for the dissolution of anti-establishment
parties that represent traditional cleavage groups in Turkey.
Despite the lack of electoral accountability, the public choice can serve as a constraint on the
justices as long as they want their decisions to be considered legitimate (Caldeira, 1987; Epstein
etal., 2001; Segal and Spaeth, 2002). However, empowering the judiciary might encourage activist
justices who share the views of the political elite to take action against challengers with strong
electoral support (Dressel, 2012; Hirschl, 2004). To the extent that those anti-establishment parties
garner electoral support, and therefore threaten the status quo, the Court can intervene in the politi-
cal sphere as a regulator. In such circumstances, we expect the justices who share the ideological
stance of the founding and ruling elites to act in concert to constrain public choice. We, therefore,
suggest that political parties with considerable electoral support representing traditional cleavage
groups are more likely to be dissolved by justices whose political views are in accord with those of
the ruling elite.
H3: High electoral support for anti-establishment parties makes pro-status quo justices more
likely to vote to dissolve such parties.
where Justice Ideology indicates the respective primary independent variable employed in the
model (two-dimensional w-nominate ideal point estimates or unidimensional mean leftright
score), and p indicates the dichotomous variables accounting for the ideological dispositions of
defendant political parties in dissolution cases.
Independent variables
To test our primary hypothesis that the justices ideologies affect their decisions in dissolution
cases, we employ two independent variables that account for justice ideology. As our first measure,
we introduce two-dimensional w-nominate ideal point estimates in Model 1. Given the minimum
vote requirement in the algorithm (Poole etal., 2011) and unanimous decisions in our dataset, we
used 726 judicial review decisions to estimate the ideological dispositions of 54 of 58 justices who
voted in a dissolution case. We correctly predict 82.26% of yes and 90.9% of no votes and
classify 82.26% and 85.71% of the justices ideal points. Therefore, w-nominate estimates consti-
tute a reliable account of the underlying ideological dimensions of the political space and the ideo-
logical dispositions of the CCT justices.10
The w-nominate estimates suggest that the Turkish political space, unlike the issue space of the
US Supreme Court (Epstein etal., 2007; Martin etal., 2005), is likely to be two-dimensional. We
refer to the first and main ideological dimension as the liberalconservative dimension (Poole and
Rosenthal, 1985, 2007). The second dimension, referred to as the activist (anti-status quo)restrai-
nist (pro-status quo) dimension, accounts for whether justices, regardless of their political views,
adopt an interventionist stance. We expect both conservative and activist (pro-status quo) justices
who score higher than liberal and restrainist justices on either or both of the first and second dimen-
sions to be more likely to vote for the dissolution of political parties.
We introduce the unidimensional leftright score in Model 2 as an alternative measure to the
two-dimensional ideal-point estimates. Our second independent variable is the mean score of
whether a justice casts a leftist or a rightist vote in 329 judicial review cases in which the appellant
is a parliamentary party.11 We expect the effect of the mean leftright score on the probability of
voting for dissolution to be positive.12
To test our second hypothesis, we include a set of dichotomous variables to differentiate between
the party families. In addition to ethnic parties pursuing the interests of the Kurdish minority and
religious parties13 we include three variables to control for socialist/communist parties, centrist
parties, and nationalist parties. The base category in our models is fringe parties without an identi-
fiable ideological stance. In contrast to the previous literature, we do not expect to find significant
differences in regard to the justices attitudes toward diverse cleavage groups represented by social-
ist, ethnic, and religious parties. Yet, we expect to find a negative effect for parties representing the
dominant rightist stance in Turkey compared to those groups.
In terms of the legitimacy of the justices in the eyes of the public, some scholars argue that
public opinion has little, if any, effect on judicial behavior because the justices do not have
re-election goals or electoral accountability (McGuire and Stimson, 2004; Segal and Spaeth,
2002). On the other hand, some scholars offer empirical evidence suggesting that the deci-
sions of the Supreme Court justices in the US are affected by public opinion (Caldeira, 1987;
Langer, 2003; McGuire and Stimson, 2004; Yates etal., 2013b). To test our third hypothesis,
we include a measure that controls for the ideological composition of Parliament when the
Court hears the case. In instances where the dominant centerright ideology of the Turkish
public is translated into the Parliament, we expect it to have a positive effect on the probabil-
ity of voting for dissolution to the extent that the justices take the Parliaments ideological
stance into consideration.
We introduce another measure to account for the effect of the public choice on the justices deci-
sions based on the electoral support of defendant parties. If they have legitimacy concerns, justices
may vote against the dissolution of parliamentary political parties that have a high level of electoral
support. Conversely, we expect this variable to have a positive effect because high electoral sup-
port for extreme parties might provoke a reactionary stance in justices who wish to preserve the
regime in line with the hegemonic preservation thesis (Hirschl, 2004).
The justices experience, status, and educational level are also included in empirical analyses as
control variables. As chief justices might influence others decisions, we control for whether the
President or Vice President of the Court differ in regard to how likely they are to vote in favor of
dissolution. We also control for the level of education of justices given the normative debates in the
literature about the juristocracy in Turkey. The experience variable is a simple counter for the dif-
ference between the years a justice was appointed and the year the decision was made.
support of both the first and second hypotheses, Figure 2 also shows that the predicted probabilities
for rightist justices are not only higher than for leftist justices, but are also contingent on the politi-
cal ideology of the defendant party.14
H3: the effects of public opinion and electoral support on party dissolution
decisions
To test our third hypothesis, we introduced two measures of public choice approximating public
opinion and electoral support for political parties at a given time. As noted above, one should have
expected to find a decrease in the probability of voting for dissolution if the Court takes a stance in
favor of diverse choices available to the public. Yet, the effect is statistically insignificant and in
the negative direction in both models, even though the mean score for the ideological stance of the
Parliament is 5.67, which indicates a centerright stance.
In fact, the variable that accounts for the electoral support of parties facing a dissolution trial
is statistically and substantively significant in both models in Table 1. Unlike the sign of the
coefficient for the Parliaments ideology, the sign of the coefficient of the second variable,
referred to as Parliamentary Party, is positive. This finding contradicts the claims in the litera-
ture regarding the moderating effect of public opinion on justices decisions. Ceteris paribus,
justices are almost twice as likely to vote for dissolution if a party is represented in Parliament,
and thus constitutes a more prominent threat to the status quo than do parties that are not rep-
resented in Parliament.
Model 1 Model 2
1st dimension (W-nominate) 0.573***
(0.206)
2nd dimension (W-nominate) 0.787***
(0.229)
Mean leftright score 0.923**
(0.443)
Socialist/Communist Party 1.487*** 1.319***
(0.317) (0.311)
Kurdish/Alawite Party 1.724*** 1.483***
(0.365) (0.354)
Center Party 0.076 0.321
(0.328) (0.358)
Nationalist Party 1.238** 0.949*
(0.497) (0.571)
Religious Party 0.852** 0.748**
(0.422) (0.381)
Parliamentary Party 1.040*** 0.844***
(0.340) (0.321)
Parliaments ideology 0.005 0.004
(0.014) (0.015)
Status of the Justice 0.250* 0.290*
(0.136) (0.169)
Years of experience 0.102*** 0.097***
(0.030) (0.035)
Education level 0.205 0.379***
(0.149) (0.135)
Constant 0.377 0.280
(0.345) (0.436)
N 567 567
Pseudo R 0.149 0.111
Log likelihood 330.320 344.903
Our control variables also are substantively and statistically significant. On average, a year
increase in our experience variable decreases the probability by 9.3% and 9.7% in Models 1 and 2
respectively. A justice with a doctorate in law is about 37% to 63% less likely to vote for dissolu-
tion in comparison to a justice with a bachelors degree. As expected, whereas the President of the
Court is most likely to vote for dissolution, junior justices are about 19.4% to 34.3% less likely
compared to Vice Presidents in the empirical analyses reported in Table 1.
Conclusion
Checks and balances are sine qua non for democracies. There are numerous examples in which
political elites have advanced their interests by using political institutions. By examining party
dissolution cases in Turkey, a country with a long but frequently interrupted history of democracy,
we examine whether the justices of the CCT have acted in ways that overuse their powers and
constrain the public choice. We show that the judiciary uses its power to dissolve political parties
representing traditional cleavage groups at the expense of representative democracy.
We found that the ideologies of the justices of the CCT and the defendant political parties play
an important role in party dissolution cases. Activist and pro-status quo justices act to guard the
regime against anti-establishment ideologies. Moreover, anti-establishment parties are more likely
to be dissolved by the Court than pro-status quo parties are. We relax the implicit assumption of
uniformity across the justices in the previous literature on party dissolution cases in Turkey, and
take into account the ideological stances of individual justices and defendant political parties. By
modeling the effects of justices ideologies conditional on party ideologies, we were able to deter-
mine whether justices ideologies influence their decisions in dissolution cases against political
parties representing salient cleavage groups in Turkey. Moreover, we demonstrated that anti-estab-
lishment political parties with considerable electoral support and that are represented in the parlia-
ment are more likely to be dissolved by justices who have conservative and pro-status quo stances.
Along with these, we introduced diverse ideology measures accounting for the mean leftright
scores of appellant parliamentary parties in judicial review cases, and two-dimensional w-nomi-
nate ideal-point estimates computed from judicial review cases. We showed that the justices ide-
ologies are significant determinants of the Courts decisions in dissolution cases.
We present our findings as worthy of further discussion. First, we call on scholars to test the
external validity of our findings in other civil law countries. Although this article focuses on party
dissolution cases in Turkey, our empirical results are mostly in line with the theoretical claims in
previous comparative research on the judicialization of politics. Moreover, given the comprehen-
sive constitutional changes in last years concerning the composition, jurisdiction, and structure of
the CCT, further research could also test whether justices ideologies still play an important role in
the justices decisions, and assess whether they are an artifact of Turkeys institutional structure
and frequently interrupted democracy, or only applicable to a particular era in Turkish politics.
We also call attention to party dissolution cases as an important means of judicial influence on
politics. Albeit a rare phenomenon, party dissolution is not limited to Turkey. In some other European
democracies that also follow the civil law tradition, High Courts limit the representation of salient
cleavage groups through party dissolutions and other means, such as denying state funding to politi-
cal parties. If our findings do not hold for similar regimes facing anti-establishment pressures, and
other case types through which High Courts can intervene in the political domain, it could be that
the exercise of judicial influence on politics is limited to regimes with similar levels of activism or
those in which the High Court has a similarly high level of legitimacy in the eyes of the public.
Despite being robust to the employment of different measures of justice ideology, limiting the
sample to non-procedural cases, and addressing the heteroskedasticity in the data by clustering the
standard errors by cases, our empirical analyses are insensitive to temporal changes in justice ide-
ology. Despite our best efforts to control for the changing composition of the Parliament and the
Court over time, it would still be beneficial to consider the structural changes over time. In this
regard, we hope that the comprehensive dataset we present will provide researchers with a founda-
tion to account for changing dynamics of the strategic interaction between the judiciary, the legis-
lature, and the executive in the future.
Acknowledgements
An earlier version of this article was awarded the Richard I Hofferbert Best Graduate Student Paper Award.
The authors thank the Award Committee, Wendy L Martinek, Jeffrey L Yates, Michael D McDonald, three
anonymous reviewers, as well as the editor for helpful comments and suggestions. Any remaining errors are
the authors sole responsibility.
Funding
This research received no specific grant from any funding agency in the public, commercial, or not-for-profit
sectors.
Notes
1. See Article 103 of the Law of Political Parties and Decision 2008/2 of the CCT.
2. Succession of dissolved parties under new names is another reason for the high number of party dissolu-
tion cases, and a demonstration of the constraint of the Court over the representation of parties.
3. The rsums of the justices were retrieved from: http://www.anayasa.gov.tr/Hakkinda/EmekliUyeler/.
4. The dissolution cases prior to the 1982 Constitution were not coded due to the lack of data on the official
webpage of the Constitutional Court, and the frequent military interventions in this era. Extending our
analyses to the pre-1982 era might have inflated our coefficients, and made our conclusions questionable.
5. The intercoder reliability among the authors, the Krippendorffs alpha coefficient, calculated from 20
randomly selected judicial review cases, is 0.98.
6. Appellant MPs from legislative political parties were coded from http://www.anayasa.gov.tr/Kararlar/
KararlarBilgiBankasi/. The leftright score of an appellant political party in the CMP data, or the mean
score of appellant political parties weighted by their seat shares are then recoded into a dichotomous
leftright measure.
7. Dissent opinions in judicial review and party dissolution cases were coded from http://www.anayasa.gov.
tr/Kararlar/KararlarBilgiBankasi/.
8. Supplementary Appendix, which also includes coding rules, operationalization of the dependent and
independent variables, descriptive statistics, and robustness checks, is available online at http://ips.sage-
pub.com
9. We inversely coded 19 out of 41 cases in which the Court prohibits an individual MP, or dissolves a
political party so that 0 corresponds to a dissent opinion against dissolution or prohibition.
10. The leftright score in the CMP dataset falls short of taking the idiosyncratic characteristics and the
multidimensionality of political spaces in the respective political systems into account. We also estimate
the justices two-dimensional ideal points, which is arguably a better way to approximate the underlying
ideological dispositions of justices who do not necessarily map onto the traditional leftright continuum.
The R code used to estimate the w-nominate ideal points is available from the authors.
11. Substitute justices who voted in fewer than three judicial review cases were excluded from empirical
analyses.
12. Please see the supplementary file for more information about the operationalization of the variables
accounting for justices ideologies.
13. While conservative is arguably a better party family for some parties to which we refer, in an effort not
to confuse readers by using the same label both for justices and political parties, we refer to those parties
as religious. The ideological groupings of all political parties are presented in the supplementary file.
14. Out-of-sample predictions provide empirical support for our interactive hypothesis.
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Author biographies
Mert Moral is PhD Candidate at Binghamton University (SUNY), USA. His research interests include politi-
cal polarization, voting behavior, political parties and party systems, representation, and political methodol-
ogy. He has previously published his research in Electoral Studies and International Journal of Electronic
Governance.
Efe Tokdemir is PhD Candidate at Binghamton University (SUNY), USA. His research interests include
foreign policy and public opinion, international relations and domestic politics, terrorism, and politics in the
Middle East. He has previously published his research in Electoral Studies.