Home >
Law >
Administrative / Constitutional Law >
Collective Judging in Comparative Perspective: Counting Votes and Weighing Options

Collective Judging in Comparative Perspective: Counting Votes and Weighing Options

Author: Birke Hacker; Wolfgang Ernst
Publisher: Intersentia Publishers
ISBN: 9781780686240
Published In: August 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,183.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book provides unique insights into modern collective judicial decision-making. Courts all over the world sit in panels of several judges, yet the processes by which these judges produce the court’s decision differ markedly. Judges from some of the world’s most notable judicial bodies, in both the civilian and the common law tradition and from supra-/international courts, share their experiences and reflect on the challenges to which their collective endeavour gives rise.

They address matters such as the question of panel constitution, the operation of rapporteur systems, pre-and post-hearing conferences, the hearing procedure itself, the nature of the interaction between the judicial panel and parties’ advocates, the extent to which a unitary judgment of the court or at least a single majority judgment is required or deemed desirable, and how it is ultimately arrived at through different voting mechanisms. They allow the reader a unique inside view into the functioning of modern judicial bodies.

The judges’ chapters are supplemented by a series of comparative analyses and reflections on the lessons to be learnt from them. Collective Judging in Comparative Perspective thus also provides an ideal starting point for thinking about future court design.

Preface

List of Cases

List of Contributors

PART I. DESIGNING COLLEGIATE COURTS’ DECISION-MAKING PROCESSES

Chapter 1. The Fine-Mechanics of Judicial Majoritarianism

Wolfgang Ernst

PART II. COLLEGIATE COURTS IN THE COMMON LAW TRADITION

Chapter 2. Collective Judging in the UK Supreme Court

Robert Reed

Chapter 3. Collective Judging in the Court of Appeal of England and Wales

Jack Beatson, Launcelot Henderson and Keith Lindblom

Chapter 4. An Australian Perspective on Collective Judging

Susan Kiefel

Chapter 5. Collegial Decision-Making in the US Courts of Appeals

Harry T. Edwards

PART III. COLLEGIATE COURTS IN THE EUROPEAN CIVIL LAW TRADITION

Chapter 6. Collective Judging in the French Cour de Cassation

Dominique Hascher

Chapter 7. Collective Judging in Germany

Johanna Schmidt-Räntsch

Chapter 8. Why is the German Federal Constitutional Court a Deliberative Court, and Why is that a Good Thing? A Comparative Assessment

Gertrude Lübbe-Wolff

Chapter 9. Collective Judging at the Swiss Supreme Court

Thomas Stadelmann

Chapter 10. Decision-Making in Appellate Courts: An Austrian Experience

Georg Kodek

PART IV. COLLEGIATE COURTS IN A NON-EUROPEAN CIVIL LAW JURISDICTION: THE CASE OF JAPAN

Chapter 11. Collective Judging by Collegiate Courts in Japan

Akira Ojima and Naoki Onishi

PART V. SUPRANATIONAL AND INTERNATIONAL COLLEGIATE COURTS

Chapter 12. The Fine-Mechanics of Judicial Decision-Making at the European Court of Human Rights

Angelika Nussberger

Chapter 13. Collective Judging in the Court of Justice of the European Union

Thomas von Danwitz

Chapter 14. The Anatomy of the Deliberation Process at International Criminal Tribunals

Theodor Meron and Christos Ravanides

Chapter 15. Collective Judging in the Catholic Church

Markus Graulich

PART VI. VOICES FROM THE AUDIENCE AND CLOSING REMARKS

Chapter 16. Decision-Making by the Boards of Appeal of the European Patent Office

Kevin Garnett

Chapter 17. Collegiality and Collectivity in Common Law Courts

James Lee

Chapter 18. Should Judges Tell Us What They Think?

Richard Hyland

Chapter 19. Beyond Anecdote and Synecdoche

Matthew Dyson

Chapter 20. Concluding Remarks

Wolfgang Ernst, Beate Gsell, Birke Häcker and Thomas Rüfner

Browse Books

Collective Judging in Comparative Perspective: Counting Votes and Weighing Options

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

Collective Judging in Comparative Perspective: Counting Votes and Weighing Options

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title