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Article
Judicial Decisionmaking and the Use of Panels in the Canadian Supreme Court and the South African Appellate Division
Law & Society Review (2003)
  • Lori Hausegger
  • Stacia Haynie
Abstract
Research on the U.S. Supreme Court suggests that judges' decisions are influenced by their policy preferences. Moreover, judges behave strategically to facilitate outcomes that conform as close as possible to those preferences. We seek to generalize this assertion to judicial actors in two very diverse social systems: Canada in the post-Charter years and apartheid-era South Africa. Specifically, we analyze the use of panel assignments by the chief justices in both countries. We find that chief justices do behave strategically. Chief justices in both countries do not assign judges to panels randomly but rather are influenced by the tenure and ideology of the sitting judges and the issues presented in the case.
Disciplines
Publication Date
September, 2003
Publisher Statement
Reprinted in Diascro, Jennifer Segal, and Gregg Ivers eds. 2006. Inside the Judicial Process: A Contemporary Reader in Law, Politics and the Courts. Boston: Houghton Mifflin Company.
Citation Information
Lori Hausegger and Stacia Haynie. "Judicial Decisionmaking and the Use of Panels in the Canadian Supreme Court and the South African Appellate Division" Law & Society Review Vol. 37 Iss. 3 (2003)
Available at: http://works.bepress.com/lori_hausegger/7/