Independent judicial review: A blessing in disguise

- Policies are lobbying-slanted whereas constitutions are more general interest-regarding.
- Independent judicial review may replace the former with the latter.
- Politicians are better off with this probabilistic change, to which they cannot commit by themselves.

Traditional political-economy wisdom implies that independent judicial review is a commitment device, used by politicians to credibly validate policies they sell to special-interest groups. This study suggests a somewhat opposite thesis, whereby independent judicial review allows politicians to credibly commit to destabilizing the validity of such policies. Due to the probable judicial intervention-as a result of the independent judicial review process-the expected policy in force will align more closely with general-interests, insofar as constitutional standards are so oriented. Thus social welfare increases and the politician gains electoral benefits which are otherwise unattainable in equilibrium.