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Commitment and Cooperation on High CourtsA Cross-Country Examination of Institutional Constraints on Judges$
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Benjamin Alarie and Andrew J. Green

Print publication date: 2017

Print ISBN-13: 9780199397594

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780199397594.001.0001

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The Influence of the Parties on Judges

The Influence of the Parties on Judges

Accuracy or Affiliation?

Chapter:
(p.187) 7 The Influence of the Parties on Judges
Source:
Commitment and Cooperation on High Courts
Author(s):

Benjamin Alarie

Andrew J. Green

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199397594.003.0007

High courts differ in the processes for choosing who sits on the court, the size and composition of panels, and the cases the court hears. Once the case is before the court, a judge may also be influenced by the parties that appear in the appeal. This chapter examines this influence. The government, for example, tends to be more successful in many cases than other parties. This success may be due, for example, to the government having more resources than other parties or being a repeat player in front of the court. Further, judges seem to at least be modestly influenced by interveners, who are not actually the parties to the appeal but seek to provide additional information. Judges appear to consider the information provided by the interveners in some contexts, though the presence of interveners also appears connected to an increase in the probability of a judge dissenting.

Keywords:   government, interveners, high courts, dissenting, appeal

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