Power, activation, decision making, and impact: subnational judicial politics in Brazil

Author(s):  
Luciano Da Ros ◽  
Matthew C. Ingram
2021 ◽  
pp. 095162982110611
Author(s):  
JBrandon Duck-Mayr

Judges, scholars, and commentators decry inconsistent areas of judicially created policy. This could hurt courts’ policy making efficacy, so why do judges allow it to happen? I show judicially-created policy can become inconsistent when judges explain rules in more abstract terms than they decide cases. To do so, I expand standard case-space models of judicial decision making to account for relationships between specific facts and broader doctrinal dimensions. This model of judicial decision making as a process of multi-step reasoning reveals that preference aggregation in such a context can lead to inconsistent collegial rules. I also outline a class of preference configurations on collegial courts (i.e., multi-member courts) in which this problem cannot arise. These results have implications for several areas of inquiry in judicial politics such as models of principal-agent relationships in judicial hierarchies and empirical research utilizing case facts as predictor variables.


2012 ◽  
Vol 37 (04) ◽  
pp. 848-877 ◽  
Author(s):  
Ling Li

Despite its rampant presence, judicial corruption in China has often been regarded as the idiosyncratically deviant behavior of a few black sheep eluding prescribed judicial conduct. This entrenched assumption has both discouraged in-depth investigation of the phenomenon of judicial corruption and inhibited proper understanding of the functioning of China's courts. This article, based on an empirically grounded examination of the processing of court rulings tainted by corruption, showed that judicial corruption in China is an institutionalized activity systemically inherent in the particular decision-making mechanism guided by the Chinese Communist Party's instrumental rule-by-law ideal. In investigating what has contributed to the institutionalization of judicial corruption, the interplay between law and party politics in China's courts was also examined. The findings, therefore, also shed light on behind-the-courtroom judicial activities and on the enduring perplexity of the gap between the law in the book and the law in action.


2010 ◽  
Vol 2 (2) ◽  
pp. 297-327 ◽  
Author(s):  
Arthur Dyevre

The field of judicial politics had long been neglected by political scientists outside the United States. But the past 20 years have witnessed considerable change. There is now a large body of scholarship on European courts and judges. In addition, judicial politics is on its way to become a sub-field of comparative politics in its own right. Examining the models used in the literature, this article suggests that this geographical convergence is also bringing about theoretical convergence. One manifestation of theoretical convergence is that models of judicial decision-making once deemed inapplicable in Europe are now used in studies of European courts too. But the convergence trend goes further. What we already know about judges and the contexts in which they operate suggests a way of reconciling the various attitudinal and institutionalist approaches used by scholars on both sides of the Atlantic within a general, unifying theory of judicial behaviour. The emerging theory provides a framework to assess the weight and interactions of a wide range of determinants of judicial decision-making across countries and legal systems.


Author(s):  
Diego Werneck Arguelhes ◽  
Leandro Molhano Ribeiro

Resumo: Estudos e críticas à participação do Supremo Tribunal Federal na vida política nacional costumam assumir, ainda que implicitamente, que a decisão do tribunal a ser analisada ou criticada é obtida após um processo decisório interno colegiado. Mesmo que esse processo seja imperfeito, ele é visto como condição necessária para que os inputs individuais dos Ministros possam produzir efeitos relevantes sobre o mundo fora do tribunal. Neste trabalho, mostramos que os Ministros do STF podem agir individualmente, sem passar pelo colegiado, de modo a produzir efeitos sobre o comportamento de atores externos ao tribunal. Mapeamos conceitualmente esse tipo de poder individual, a partir de um marco teórico da análise institucional, para então identificar alguns exemplos na prática decisória do tribunal: a antecipação de posições na imprensa, o uso de pedidos de vista de longa duração e o uso de decisões monocráticas para avançar posições jurisprudenciais. Com base nesses três exemplos, apontamos e discutimos algumas implicações da existência desses poderes individuais para estudos sobre judicialização da política e comportamento judicial. Em especial, destacamos os problemas normativos que surgem quando se reconhece a possibilidade de que uma ação judicial internamente minoritária (isto é, uma ação que não expressa a preferência da maioria dos Ministros) produza resultados externamente contramajoritários.Palavras-chave: Supremo Tribunal Federal; Poderes Individuais; Comportamento Judicial; Processo Decisório; Análise Institucional.                                               Abstract: Existing studies on the Brazilian Supreme Federal Court tend to assume, even if implicitly, that decisions they analyze are the outcome of an internal, collective decision-making process. Even when this process is criticized as problematic in itself, it is seen as a necessary condition for the Justices’ individual preferences to have an actual impact in the outside world. In this paper, we show that the Justices have resources to act individually, bypassing the collective decision-making procedures, in ways that can and do influence the behavior of actors outside the Court. We conceptualize such individual powers within a framework of institutional analysis, and we identify a set of examples in the Court’s decision-making practices: using press statements to announce one’s judicial preferences, as they would be expressed in a future judicial opinion; individual requests to study the case files in order to prevent the Court from deciding it (pedidos de vista); and the strategic use of and reference to individual rulings (decisões monocráticas) to advance one’s individual jurisprudential views. These three examples allow us to discuss some of the implications of these individual powers for the literature on judicial politics. In particular, these powers are normatively problematic if they allow a position that is in the minority within the Court to create counter-majoritarian outcomes outside the Court.Keywords: Supreme Federal Court, Individual Powers, Judicial Behavior, Decision-Making Process, Institutional Analysis.


2016 ◽  
Vol 23 (6) ◽  
pp. 834-847 ◽  
Author(s):  
Nicole Bolleyer ◽  
Felix-Christopher von Nostitz ◽  
Valeria Smirnova

Independent party tribunals (i.e. intra-party courts) can be used by both the party leadership (e.g. to discipline members) and rank-and-file members (e.g. to challenge the leadership overstepping its authority). Thus, their study offers broad insights into party conflict regulation we know little about. Integrating the literatures on party organization, intra-party democracy and judicial politics, we propose two theoretical rationales to account for tribunal decision-making (whether a case finds tribunal support): tribunal decision-making can be theorized as shaped by elite-member divisions or, alternatively, by how verdicts affect the tribunal’s own position in the organization and organizational stability generally. We test hypotheses derived from these rationales using a new data set covering 243 tribunal decisions made over the life spans of three German parties. While both rationales are empirically relevant, the ‘organizational stability rationale’ proves particularly insightful.


2015 ◽  
Vol 26 (2) ◽  
pp. 185-196 ◽  
Author(s):  
Joseph Daniel Ura ◽  
Carla M. Flink

In this article, we draw on a prominent model of public management to develop a preliminary theoretical approach to understanding the role of the chief justice in Supreme Court decision-making. In particular, we argue that the Court may seek legitimacy through greater unanimity and discuss how the leadership of the chief justice can facilitate that effort. We assess a hypothesis derived from this theory, showing greater agreement among the justices as the incumbent chief justice’s tenure in office increases. We argue that these results provide support for further attention to and development of a public administration-based approach to the study of Supreme Court decision-making. The application of public administration to judicial politics provides further evidence of management dynamics in American institutions.


2015 ◽  
Vol 14 (S1) ◽  
pp. S1-S11 ◽  
Author(s):  
DIRK DE BIÈVRE ◽  
ARLO POLETTI

International institutions have acquired an almost obvious presence in international politics and the question of their design has received prominent attention in recent years. Apart from key organizational characteristics like size of their membership, policy scope, depth of cooperation, decision-making rules, and their degree of openness towards non-state actors, one of their most striking features is their differing degree of legalization or judicialization (Goldstein and Martin, 2000; Zangl, 2008). Some institutions possess strong enforcement mechanisms or rules, while others rely on voluntary cooperation by their members.


2017 ◽  
Vol 42 (02) ◽  
pp. 292-297
Author(s):  
Jeanne Hersant ◽  
Cécile Vigour

This symposium focuses on judicial politics at the micro level. Its aim is to shed light on justice in action, drawing on an ethnographic approach to explore the routine decision-making practices of judges and other legal actors, and to study their interactions with citizens and politicians. Each article is based on close observation of the interactions between legal professionals and administrative actors who are at the frontline in local and lower courts. By examining a variety of jurisdictions around the globe, the articles in this symposium offer fresh insight into “judicial politics on the ground.”


2018 ◽  
Vol 41 ◽  
Author(s):  
Patrick Simen ◽  
Fuat Balcı

AbstractRahnev & Denison (R&D) argue against normative theories and in favor of a more descriptive “standard observer model” of perceptual decision making. We agree with the authors in many respects, but we argue that optimality (specifically, reward-rate maximization) has proved demonstrably useful as a hypothesis, contrary to the authors’ claims.


2018 ◽  
Vol 41 ◽  
Author(s):  
David Danks

AbstractThe target article uses a mathematical framework derived from Bayesian decision making to demonstrate suboptimal decision making but then attributes psychological reality to the framework components. Rahnev & Denison's (R&D) positive proposal thus risks ignoring plausible psychological theories that could implement complex perceptual decision making. We must be careful not to slide from success with an analytical tool to the reality of the tool components.


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