Please use this identifier to cite or link to this item: http://hdl.handle.net/10419/155361
Authors: 
Amaral-Garcia, Sofia
Garoupa, Nuno
Year of Publication: 
2017
Series/Report no.: 
DIW Discussion Papers 1643
Abstract: 
In this article, we study judicial behavior at the Judicial Committee of the Privy Council (JCPC). British judges in general, and British high court judges in particular, are perceived to be independent and isolated from political pressure and interference. Furthermore, these judges tend to show a particularly high rate of consensus. This has led many scholars to consider that, contrarily to what holds for several other courts around the world (such as the US Supreme Court), the attitudinal model does not find support when British higher court judges are considered. In this paper we assess whether similar conclusions might be drawn from the JCPC, another British court of last resort. We create a unique dataset to study empirically decisions of the JCPC and investigate the extent to which judges exhibit different judicial behavior depending on the type of appeal being brought to the court, i.e., Commonwealth, devolution and domestic appeals. Our results indicate a higher polarization of judicial behavior in the context of devolution appeals (as measured by separate opinions). We discuss these results in the context of the comparative judicial behavior literature and the role of courts in the common law world (with particular reference to human rights).
Subjects: 
Judicial Committee of the Privy Council
British higher court judges
judicial behavior
devolution cases
Commonwealth cases
separate opinions
human rights
JEL: 
K0
Document Type: 
Working Paper

Files in This Item:
File
Size
366.72 kB





Items in EconStor are protected by copyright, with all rights reserved, unless otherwise indicated.