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Published online by Cambridge University Press: 16 July 2025
In this chapter, we examine how both variation in levels of judicial independence and in the partisanship of litigants affects citizens’ willingness to punish executives who ignore courts. We again test the partisanship-centered account against our theoretical framework. Leveraging the presence of abstract review in Germany, Poland, and Hungary, we demonstrate that judicial independence continues to be a prerequisite to judicial efficacy, even with the appearance of a discernible influence from partisanship. Our results in this chapter suggest that judicial review holds the promise – at least where courts have high levels of judicial independence – to constrain executives even in contexts where partisanship is heightened.
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