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Consensus and Ideology in Courts: An Application to the Judicial Committee of the Privy Council

Author

Listed:
  • Amaral-Garcia Sofia

    (European Commission – Joint Research Center and i3health, Universite Libre de Bruxelles, Brussels, Belgium)

  • dalla Pellegrina Lucia

    (University of Milano-Bicocca and Center for Interdisciplinary Studies in Economics, Psychology, and Social Sciences (CISEPS), Milan, Italy)

  • Garoupa Nuno

    (Antonin Scalia Law School, Scalia Law, George Mason University, Arlington, USA)

Abstract

This article supports the view that, while judges suppress dissent when dissenting is too costly, the cost of dissenting depends on the political dimension of the issue broached. It contends that judges who disagree may nevertheless try to safeguard integrity and legitimacy in political disputes by presenting a public impression of unity. We muster evidence from the United Kingdom, specifically, votes from the Judicial Committee of the Privy Council (JCPC) between 1998 and 2011. We demonstrate through statistical analysis that judges are likelier to suppress dissent in devolution cases, which are characterized to be more political in character, than in Commonwealth appeals, which are more mundane in nature. We find that, while consensus on domestic issues reflects the absence of disagreement across judicial ideologies, judges have stronger conflicting positions on issues concerning devolution, but tend to suppress their propensity to dissent. This finding confirms that the JCPC wants to appear cohesive to give an image of greater authority on decisions of predominantly political content.

Suggested Citation

  • Amaral-Garcia Sofia & dalla Pellegrina Lucia & Garoupa Nuno, 2023. "Consensus and Ideology in Courts: An Application to the Judicial Committee of the Privy Council," Review of Law & Economics, De Gruyter, vol. 19(2), pages 151-184, July.
    • Handle: RePEc:bpj:rlecon:v:19:y:2023:i:2:p:151-184:n:5
    DOI: 10.1515/rle-2022-0084
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    1. Chris Hanretty, 2014. "Haves and Have-Nots before the Law Lords," Political Studies, Political Studies Association, vol. 62(3), pages 686-697, October.
    2. Pellegrina, Lucia Dalla & Garoupa, Nuno & Gómez-Pomar, Fernando, 2017. "Estimating judicial ideal points in the Spanish Supreme Court: The case of administrative review," International Review of Law and Economics, Elsevier, vol. 52(C), pages 16-28.
    3. Silvio R. Rendon, 2013. "Fixed and Random Effects in Classical and Bayesian Regression," Oxford Bulletin of Economics and Statistics, Department of Economics, University of Oxford, vol. 75(3), pages 460-476, June.
    4. Robertson, David, 1982. "Judicial Ideology in the House of Lords: A Jurimetric Analysis," British Journal of Political Science, Cambridge University Press, vol. 12(1), pages 1-25, January.
    5. Caudill, Steven B, 1988. "An Advantage of the Linear Probability Model over Probit or Logit," Oxford Bulletin of Economics and Statistics, Department of Economics, University of Oxford, vol. 50(4), pages 425-427, November.
    6. Lauderdale, Benjamin E. & Clark, Tom S., 2012. "The Supreme Court's Many Median Justices," American Political Science Review, Cambridge University Press, vol. 106(4), pages 847-866, November.
    7. Amaral-Garcia Sofia & Garoupa Nuno, 2017. "Judicial Behavior and Devolution at the Privy Council," Review of Law & Economics, De Gruyter, vol. 13(3), pages 1-40, November.
    8. Voigt, Stefan & Ebeling, Michael & Blume, Lorenz, 2007. "Improving credibility by delegating judicial competence--the case of the Judicial Committee of the Privy Council," Journal of Development Economics, Elsevier, vol. 82(2), pages 348-373, March.
    9. Martin, Andrew D. & Quinn, Kevin M., 2002. "Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999," Political Analysis, Cambridge University Press, vol. 10(2), pages 134-153, April.
    10. Kornhauser, Lewis A, 1992. "Modeling Collegial Courts. II. Legal Doctrine," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(3), pages 441-470, October.
    11. Matias Iaryczower & Gabriel Katz, 2016. "More than Politics: Ability and Ideology in the British Appellate Committee," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(1), pages 61-93.
    12. Chris Hanretty, 2015. "Judicial Disagreement need not be Political: Dissent on the Estonian Supreme Court," Europe-Asia Studies, Taylor & Francis Journals, vol. 67(6), pages 970-988, July.
    13. Jordi Blanes i Vidal & Clare Leaver, 2013. "Social Interactions and the Content of Legal Opinions," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(1), pages 78-114, February.
    14. Joshua B. Fischman, 2011. "Estimating Preferences of Circuit Judges: A Model of Consensus Voting," Journal of Law and Economics, University of Chicago Press, vol. 54(4), pages 781-809.
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    1. Sarel, Roee & Demirtas, Melanie, 2021. "Delegation in a multi-tier court system: Are remands in the U.S. federal courts driven by moral hazard?," European Journal of Political Economy, Elsevier, vol. 68(C).

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    More about this item

    Keywords

    courts; empirical legal studies; judicial behavior; Judicial Committee of the Privy Council; (supress) dissent;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • M50 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Personnel Economics - - - General

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