Judicial Review And Strategic Behaviour

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Judicial review and strategic behaviour

Author : Josephine de Jaegere
Publisher :
ISBN 13 : 9781780688619
Total Pages : 365 pages
Book Rating : 4.6/5 (886 download)

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Book Synopsis Judicial review and strategic behaviour by : Josephine de Jaegere

Download or read book Judicial review and strategic behaviour written by Josephine de Jaegere and published by . This book was released on 2019 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, legal scholarship on judicial review is predominantly normative, concentrating on how courts should decide cases and to what extent they should show deference towards the legislative branch. Political scientists, on the other hand, seem more interested in what motivates judges and which factors influence their decisions. In contrast to the extensive body of literature on judicial behaviour in countries with a common law tradition (especially on the US Supreme Court), there is little systematic, empirical knowledge relating to European constitutional courts. Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system: Does the Court employ deliberative 'judicial good practices'? Is the Court's performance affected by strategic considerations? And if the Court's rulings reflect strategic actions, does this behaviour correspond to the deliberative expectations weighing on the Court? The answers to these questions contribute to a fundamental discussion about the appropriate role for judicial institutions in a democratic society. The book shows that the Court's case law is (in part) shaped by strategic considerations. In salient cases, the Court prudently adapts various aspects of its decision in order to stimulate acceptance and compliance. The analyses reflect the fact that the Court is willing to engage in dialogue and that a consensus must be found amid a pluralist group of judges in each case. In addition, by continuingly taking into account the anticipated behaviour of its audience, the Court protects its institutional legitimacy for future cases. Due to this interdisciplinary focus, the book provides essential insights to both legal scholars and political scientists. Josephine De Jaegere is an advisor at the Belgian Ministry of Justice and an associated researcher at the University of Antwerp.

The Strategic Analysis of Judicial Behavior

Author : Lee Epstein
Publisher : Cambridge University Press
ISBN 13 : 1009058738
Total Pages : 101 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Strategic Analysis of Judicial Behavior by : Lee Epstein

Download or read book The Strategic Analysis of Judicial Behavior written by Lee Epstein and published by Cambridge University Press. This book was released on 2021-06-17 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.

Strategic Behavior and Policy Choice on the U.S. Supreme Court

Author : Thomas H. Hammond
Publisher : Stanford University Press
ISBN 13 : 9780804751469
Total Pages : 330 pages
Book Rating : 4.7/5 (514 download)

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Book Synopsis Strategic Behavior and Policy Choice on the U.S. Supreme Court by : Thomas H. Hammond

Download or read book Strategic Behavior and Policy Choice on the U.S. Supreme Court written by Thomas H. Hammond and published by Stanford University Press. This book was released on 2005 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.

Judicial Review and Strategic Behaviour

Author : Josephine De Jaegere
Publisher :
ISBN 13 : 9781780686943
Total Pages : 0 pages
Book Rating : 4.6/5 (869 download)

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Book Synopsis Judicial Review and Strategic Behaviour by : Josephine De Jaegere

Download or read book Judicial Review and Strategic Behaviour written by Josephine De Jaegere and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.

Supreme Court Agenda Setting

Author : U. Sommer
Publisher : Springer
ISBN 13 : 1137398647
Total Pages : 280 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Supreme Court Agenda Setting by : U. Sommer

Download or read book Supreme Court Agenda Setting written by U. Sommer and published by Springer. This book was released on 2014-05-21 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.

The Oxford Handbook of U.S. Judicial Behavior

Author : Lee Epstein
Publisher : Oxford University Press
ISBN 13 : 019957989X
Total Pages : 625 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of U.S. Judicial Behavior by : Lee Epstein

Download or read book The Oxford Handbook of U.S. Judicial Behavior written by Lee Epstein and published by Oxford University Press. This book was released on 2017 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Routledge Handbook of Judicial Behavior

Author : Robert M. Howard
Publisher : Routledge
ISBN 13 : 1317430387
Total Pages : 518 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Routledge Handbook of Judicial Behavior by : Robert M. Howard

Download or read book Routledge Handbook of Judicial Behavior written by Robert M. Howard and published by Routledge. This book was released on 2017-10-02 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

Judicial Power and Strategic Communication in Mexico

Author : Jeffrey K. Staton
Publisher : Cambridge University Press
ISBN 13 : 0521195217
Total Pages : 237 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Judicial Power and Strategic Communication in Mexico by : Jeffrey K. Staton

Download or read book Judicial Power and Strategic Communication in Mexico written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2010-03-22 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.

The Choices Justices Make

Author : Lee Epstein
Publisher : SAGE
ISBN 13 : 148330485X
Total Pages : 224 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis The Choices Justices Make by : Lee Epstein

Download or read book The Choices Justices Make written by Lee Epstein and published by SAGE. This book was released on 1997-01-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.

Judicial Review and Bureaucratic Impact

Author : M. L. M. Hertogh
Publisher : Cambridge University Press
ISBN 13 : 9780521547864
Total Pages : 334 pages
Book Rating : 4.5/5 (478 download)

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Book Synopsis Judicial Review and Bureaucratic Impact by : M. L. M. Hertogh

Download or read book Judicial Review and Bureaucratic Impact written by M. L. M. Hertogh and published by Cambridge University Press. This book was released on 2004-08-19 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.

The Pioneers of Judicial Behavior

Author : Nancy L. Maveety
Publisher : University of Michigan Press
ISBN 13 : 0472024205
Total Pages : 446 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Pioneers of Judicial Behavior by : Nancy L. Maveety

Download or read book The Pioneers of Judicial Behavior written by Nancy L. Maveety and published by University of Michigan Press. This book was released on 2009-11-16 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.

Judicial Review in State Supreme Courts

Author : Laura Langer
Publisher : State University of New York Press
ISBN 13 : 0791489248
Total Pages : 189 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis Judicial Review in State Supreme Courts by : Laura Langer

Download or read book Judicial Review in State Supreme Courts written by Laura Langer and published by State University of New York Press. This book was released on 2012-02-01 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.

Governing from the Bench

Author : Emmett Macfarlane
Publisher : UBC Press
ISBN 13 : 077482350X
Total Pages : 266 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Governing from the Bench by : Emmett Macfarlane

Download or read book Governing from the Bench written by Emmett Macfarlane and published by UBC Press. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Reputation and Judicial Tactics

Author : Shai Dothan
Publisher : Cambridge University Press
ISBN 13 : 1107031133
Total Pages : 351 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Reputation and Judicial Tactics by : Shai Dothan

Download or read book Reputation and Judicial Tactics written by Shai Dothan and published by Cambridge University Press. This book was released on 2015 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.

The Strategic Constitution

Author : Robert D. Cooter
Publisher : Princeton University Press
ISBN 13 : 0691214506
Total Pages : 435 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Strategic Constitution by : Robert D. Cooter

Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Amici Curiae and Strategic Behavior in State Supreme Courts

Author : Scott A. Comparato
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313059586
Total Pages : 191 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Amici Curiae and Strategic Behavior in State Supreme Courts by : Scott A. Comparato

Download or read book Amici Curiae and Strategic Behavior in State Supreme Courts written by Scott A. Comparato and published by Bloomsbury Publishing USA. This book was released on 2003-09-30 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying strategic approaches to both interest groups as amici curiae and state supreme court justices, Comparato investigates the influence of judicial retention methods and the ballot initiative on their behaivor. The results demonstrate that they behave strategically, attempting to achieve their goals within the confines of the institutional setting. What impact do state-level institutions have on the behavior of state supreme court justices and interest groups participating as amici curiae in those courts? Specifically, is the information provided by interest groups conditioned on the judicial retention system, or whether the state uses the ballot initiative, and does that information impact the decision-making process of the justices? Comparato answers these questions by employing strategic theories of judicial and group behavior, with groups motivated by the attainment of policy and group maintenance, and state supreme court justices motivated by policy and the continued maintenance of their position on the court. He argues that the information provided in amicus curiae briefs allows both groups and state supreme court justices to achieve their respective goals. In order to answer these questions, Comparto analyzes litigant and amicus curiae briefs as well as judicial decisions from seven state supreme courts to evaluate the effects of state-level institutions on the types of information provided to state supreme court justices, and how those justices respond to that information. The results suggest that interest groups do behave strategically, providing information to justices that they believe will be useful in helping the justices retain their seats on the court and achieve their desired policy outcomes. There is also support for the expectation that the information provided by litigants and amici, as well as the retention method, have a direct impact on the decision-making of justices.