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Judicial Preferences and Role Conceptions

Courts
Jurisprudence
Judicialisation
P197
Andreas Hofmann
Departments of Political Science and Public Administration, Universiteit Leiden
Max Steuer
Department of Political Science, Comenius University Faculty of Arts
Law and Courts

Friday 11:15 - 13:00 BST (28/08/2020)

Abstract

Judicial behaviour and its patterns has puzzled scholars for decades. In some jurisdictions, preferences of individual judges are easier to trace as we can rely on their separate opinions. Nevertheless, a majority of courts does not have the institute of dissent, forcing the research to rely on other proxies, such as case allocation or panel composition. This panel seeks to analyse the patterns and causes of judicial preferences in domestic and international courts. It analyses differences in how judges perceive their role regarding the legal interpretation, relationship with other branches of power, as well as the function of the court in a multi-layered legal system.

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