Mimoprávní vlivy na rozhodování českého Ústavního soudu

2021 ◽  
Author(s):  
Hubert Smekal ◽  
Jaroslav Benák ◽  
Monika Hanych ◽  
Ladislav Vyhnánek ◽  
Štěpán Janků
Keyword(s):  
Decision Making ◽  
Public Opinion ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Constitutional Court ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Media ◽  
Book Studies ◽  
The Impact

The book studies other than purely legal factors that influence the Czech Constitutional Court judges in their decision-making. The publication is inspired by foreign models of judicial decision-making and discusses their applicability in the Czech environment. More specifically, it focuses, for example, on the influence of the judge’s personality, collegiality, strategic decision-making or the impact of public opinion and the media. The book is based mainly on interviews with current constitutional judges.

Understanding how the contextual variables influence political behaviour in strategic decision-making

2014 ◽  
Vol 7 (3) ◽  
pp. 226-250 ◽  
Author(s):  
Said Elbanna ◽  
Ioannis C. Thanos ◽  
Vassilis M. Papadakis
Keyword(s):  
Decision Making ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Strategic Decisions ◽  
Empirical Examination ◽  
Content Type ◽  
Political Behaviour ◽  
Practitioner Education ◽  
The Impact ◽  
Practical Implications

Purpose – The purpose of this paper is to enhance the knowledge of the antecedents of political behaviour. Whereas political behaviour in strategic decision-making (SDM) has received sustained interest in the literature, empirical examination of its antecedents has been meagre. Design/methodology/approach – The authors conducted a constructive replication to examine the impact of three layers of context, namely, decision, firm and environment, on political behaviour. In Study 1, Greece, we gathered data on 143 strategic decisions, while in Study 2, Egypt, we collected data on 169 strategic decisions. Findings – The evidence suggests that both decision-specific and firm factors act as antecedents to political behaviour, while environmental factors do not. Practical implications – The findings support enhanced practitioner education regarding political behaviour and provide practitioners with a place from which to start by identifying the factors which might influence the occurrence of political behaviour in SDM. Originality/value – The paper fills important gaps in the existing research on the influence of context on political behaviour and delineates interesting areas for further research.

scholarly journals The Value of Behavioral Economics for EU Judicial Decision-Making

2020 ◽  
Vol 21 (2) ◽  
pp. 240-264
Author(s):  
Christoph K. Winter
Keyword(s):  
Decision Making ◽  
Behavioral Economics ◽  
Hindsight Bias ◽  
Judicial Decision ◽  
Behavioral Economic ◽  
Judicial Decision Making ◽  
Fundamental Freedoms ◽  
Cognitive Illusions ◽  
Proportionality Test ◽  
The Impact

AbstractThis Article analyzes the value of behavioral economics for EU judicial decision-making. The first part introduces the foundations of behavioral economics by focusing on cognitive illusions, prospect theory, and the underlying distinction between different processes of thought. The second part examines the influence of selected biases and heuristics, namely the anchoring effect, availability bias, zero-risk bias, and hindsight bias on diverse legal issues in EU law including, among others, the scope of the fundamental freedoms, the proportionality test as well as the roles of the Advocate General and Reporting Judge. The Article outlines how behavioral economic findings can be taken into account to improve judicial decision-making. Accordingly, the adaptation of judicial training concerning cognitive illusions, the establishment of a de minimis rule regarding the scope of the fundamental freedoms, and the use of economic models when determining the impact of certain measures on fundamental freedoms is suggested. Finally, an “unbiased jury” concentrating exclusively on specific factual issues such as causal connections within the proportionality test is necessary, if the hindsight bias is to be avoided. While it is of great importance to take behavioral economic findings into account, judicial decision-making is unlikely to become flawless based on natural intelligence. Despite bearing fundamental risks, artificial intelligence may provide means to achieve greater fairness, consistency, and legal certainty in the future.

Team Cognition, Collective Efficacy, and Performance in Strategic Decision-Making Teams

2012 ◽  
Vol 40 (3) ◽  
pp. 381-394 ◽  
Author(s):  
Huey-Wen Chou ◽  
Yu-Hsun Lin ◽  
Shyan-Bin Chou
Keyword(s):  
Decision Making ◽  
Collective Efficacy ◽  
Team Performance ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Team Cognition ◽  
Mediating Role ◽  
Collective Mind ◽  
And Performance ◽  
The Impact

With the growing use of teamwork for strategic decision making in organizations, an understanding of the teamwork dynamics in the strategic decision-making process is critical for both researchers and practitioners. By conceptualizing team cognition in terms of a transactive memory system (TMS) and collective mind, in this study we explored the relationships among TMS, collective mind, and collective efficacy and the impact of these variables on team performance. Longitudinal data collected from 98 undergraduates were analyzed. Neither the TMS–team performance relationship nor the collective mind–team performance relationship was significant. Collective efficacy was found to play a mediating role in such relationships. We concluded that team cognition with collective efficacy is beneficial for understanding teamwork dynamics in strategic decision making.

Strategic implications of HR role management in a dynamic environment

2016 ◽  
Vol 45 (2) ◽  
pp. 353-373 ◽  
Author(s):  
Cathy Sheehan ◽  
Helen De Cieri ◽  
Brian Cooper ◽  
Tracey Shea
Keyword(s):  
Decision Making ◽  
Role Conflict ◽  
Strategic Decision ◽  
Strategic Decision Making ◽  
Role Overload ◽  
Environmental Dynamism ◽  
Content Type ◽  
Hr Role ◽  
The Impact ◽  
Role Management

Purpose – The purpose of this paper is to consider the impact of human resource (HR) role overload and HR role conflict on the HR function’s involvement in strategic decision making and to examine whether conditions of environmental dynamism moderate the impact of HR role conflict and HR role overload in that relationship. Design/methodology/approach – The authors collected data from two sources, senior HR and top management team (TMT) executives. A total of 180 HR executives and 109 TMT members completed the survey. In all, 102 organisations were included in the sample with matched HR executive and TMT responses. Findings – Results did not support hypothesised negative relationships between HR role management and involvement in strategic decision making but did establish the moderating effect of environmental dynamism, such that these associations were more negative at higher levels of dynamism. Research limitations/implications – The cross-sectional nature of the study precludes making inferences about causality and would need to be replicated with a longitudinal design before stronger inferences could be drawn with regard to the relationships between the variables. A strength of the study however is the use of two sources of data to address the issue of common method variance. Practical implications – The research has implications for the potential value that HR provides in dynamic environments and the risk that HR role conflict and overload pose to the contribution that HR can make during these periods. Originality/value – The research shifts the focus away from the definition of HR roles to considering how these roles are enacted and kept in balance.

scholarly journals Book Review: Moseneke D All Rise: A Judicial Memoir (Pickado Africa Johannesburg 2020)

2021 ◽  
Vol 24 ◽  
pp. 1-6
Author(s):  
Hoolo 'Nyane
Keyword(s):  
Decision Making ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Judicial Decision ◽  
Same Sex ◽  
Judicial Decision Making ◽  
Chief Justice

The contribution is the review published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book uniquely provides a rare window into the dynamics of judicial decision-making at the apex court. Often, legal academics only interact with the judiciary through the judgements. Yet, Moseneke gives the reader much more to the judicial decision-making process than just the judgements. The book further traverses one of the most controversial aspects of the Constitutional Court’s jurisprudence, such as same-sex marriages, succession to chieftainship.

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