An Empirical Analysis of Hierarchy Effects in Judicial Decision Making

2007 ◽  
Author(s):  
Christopher J. Zorn ◽  
Jennifer Barnes Bowie
Keyword(s):  
Decision Making ◽  
Empirical Analysis ◽  
Judicial Decision ◽  
Judicial Decision Making

scholarly journals Constitutional Judicial Behavior: Exploring the Determinants of the Decisions of the French Constitutional Council

2017 ◽  
Vol 13 (2) ◽  
Author(s):  
Romain Espinosa
Keyword(s):  
Decision Making ◽  
Empirical Analysis ◽  
Political Power ◽  
Judicial Behavior ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Ideological Voting

AbstractThis article empirically assesses the relevance of three theories of judicial decision-making for the French Constitutional Council. Our empirical analysis follows previous works by integrating more recent observations, and proposes a new methodology by exploiting new data for cases post 1995. After analyzing the 612 cases published between 1974 and 2013, we focus on cases post 1995 for which we know the exact composition of the court. Our results suggest that (1) political/ideological voting occurs, (2) Justices restrain themselves from invalidating laws, and (3) a court’s independence suffers from political power concentration in other institutions. All in all, these results suggest the need for a reform of the Constitutional Council to strengthen its independence.

Context Effects in Judicial Decision Making

2009 ◽  
Author(s):  
Jeffrey J. Rachlinski ◽  
Chris Guthrie ◽  
Andrew J. Wistrich
Keyword(s):  
Decision Making ◽  
Context Effects ◽  
Judicial Decision ◽  
Judicial Decision Making

scholarly journals Interpreting change through legal culture: the case of the Irish exclusionary rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Claire Hamilton
Keyword(s):  
Decision Making ◽  
Common Law ◽  
Legal Culture ◽  
Macro Level ◽  
Judicial Decision ◽  
Exclusionary Rule ◽  
Judicial Decision Making ◽  
The Common ◽  
Law Of Evidence

Abstract The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman's distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman's concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making.

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