Abstract
This paper offers a model to explain how self-selection can lead to the situation where a meritocratic judiciary has a median political preference that is different from the median of the electorate. The model is then applied to the case of the Netherlands, where the median political preferences of the judiciary is left of center whereas the median political preference of the electorate is right of center. In doing so, the paper offers an indirect test of the attitudinal model of judicial decision-making that does not rely on the comparison between judicial ideology and judicial decisions. The paper further shows that a meritocratic and independent judiciary can nonetheless be biased. The paper concludes by offering a solution to those who consider this to be a problem.
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