Green Andrew J. (Associate Professor Associate Professor University Of Toronto Faculty Of Law) - Commitment And Cooperation On High Courts A Cross - Country Examination Of Institutional Constraints On Judges - Hardcover
Green Andrew J. (Associate Professor Associate Professor University Of Toronto Faculty Of Law) - Commitment And Cooperation On High Courts A Cross - Country Examination Of Institutional Constraints On Judges - Hardcover
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Description: Judicial decision - making may ideally be impartial but in reality it is influenced by many different factors including institutional context ideological commitment fellow justices on a panel and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation when a larger sample size of comparative institutional contexts can help assess the impact of the procedures norms and rules on key institutional decisions such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court or how do the characteristics of the litigants and third parties affect judicial decision - making? How does the court decide the appeal or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US UK Canada India and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision - making using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Title: Commitment And Cooperation On High Courts A Cross - Country Examination Of Institutional Constraints On Judges
Author(s): Green Andrew J. (Associate Professor Associate Professor University Of Toronto Faculty Of Law)
Publisher: Oxford University Press Inc
Barcode: 9780199397594
Pages: 352 Pages
Publication Date: 8/22/2017
Category: Constitutional & Administrative Law
Description: Judicial decision - making may ideally be impartial but in reality it is influenced by many different factors including institutional context ideological commitment fellow justices on a panel and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation when a larger sample size of comparative institutional contexts can help assess the impact of the procedures norms and rules on key institutional decisions such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court or how do the characteristics of the litigants and third parties affect judicial decision - making? How does the court decide the appeal or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US UK Canada India and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision - making using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Title: Commitment And Cooperation On High Courts A Cross - Country Examination Of Institutional Constraints On Judges
Author(s): Green Andrew J. (Associate Professor Associate Professor University Of Toronto Faculty Of Law)
Publisher: Oxford University Press Inc
Barcode: 9780199397594
Pages: 352 Pages
Publication Date: 8/22/2017
Category: Constitutional & Administrative Law