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Attitudinal and Neo‐Institutional Models of Supreme Court Decision Making: An Empirical and Comparative Perspective from Israel

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  • Keren Weinshall‐Margel

Abstract

This study examines decision making in Israel's Supreme Court regarding freedom of religion, while implementing models of decision making that were researched in other high courts, mainly the U.S. Supreme Court and the Supreme Court of Canada. Two theoretical models were studied: the attitudinal model, according to which justices decide disputes consistent with their ideological positions; and the neo‐institutional approach, according to which the roles and norms of the court as an institution affect the justices' decisions. Conclusions indicate that justices' attitudes in Israel have a very strong influence on their votes on the merits. Religiously observant justices were significantly more likely to support freedom of religion claims than nonobservant justices. At the same time, the neo‐institutional claim that the law does matter is also supported by the findings. The results of the study, as compared to former studies conducted in other countries, can help better understand the influence of institutional arrangements on decision making in high courts.

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  • Keren Weinshall‐Margel, 2011. "Attitudinal and Neo‐Institutional Models of Supreme Court Decision Making: An Empirical and Comparative Perspective from Israel," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(3), pages 556-586, September.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:3:p:556-586
    DOI: 10.1111/j.1740-1461.2011.01220.x
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    1. Bailey, Michael A. & Maltzman, Forrest, 2008. "Does Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court," American Political Science Review, Cambridge University Press, vol. 102(3), pages 369-384, August.
    2. Laura Beth Nielsen & Robert L. Nelson & Ryon Lancaster, 2010. "Individual Justice or Collective Legal Mobilization? Employment Discrimination Litigation in the Post Civil Rights United States," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 7(2), pages 175-201, June.
    3. Charles M. Cameron & Jee‐Kwang Park, 2009. "How Will They Vote? Predicting the Future Behavior of Supreme Court Nominees, 1937–2006," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(3), pages 485-511, September.
    4. Charles R. Shipan, 2008. "Partisanship, Ideology, and Senate Voting on Supreme Court Nominees," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(1), pages 55-76, March.
    5. Sofia Amaral-Garcia & Nuno Garoupa & Veronica Grembi, 2009. "Judicial Independence and Party Politics in Constitutional Courts: The Case of Portugal," ULB Institutional Repository 2013/301515, ULB -- Universite Libre de Bruxelles.
    6. Paresh Kumar Narayan & Russell Smyth, 2007. "What Explains Dissent on the High Court of Australia? An Empirical Assessment Using a Cointegration and Error Correction Approach," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(2), pages 401-425, July.
    7. Ashenfelter, Orley & Eisenberg, Theodore & Schwab, Stewart J, 1995. "Politics and the Judiciary: The Influence of Judicial Background on Case Outcomes," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 257-281, June.
    8. Kevin M. Scott, 2006. "Reconsidering the Impact of Jurisprudential Regimes," Social Science Quarterly, Southwestern Social Science Association, vol. 87(2), pages 380-394, June.
    9. Segal, Jeffrey A. & Cover, Albert D., 1989. "Ideological Values and the Votes of U.S. Supreme Court Justices," American Political Science Review, Cambridge University Press, vol. 83(2), pages 557-565, June.
    10. 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.
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    2. Guy Lurie & Amnon Reichman & Yair Sagy, 2020. "Agencification and the administration of courts in Israel," Regulation & Governance, John Wiley & Sons, vol. 14(4), pages 718-740, October.
    3. Keren Weinshall & Lee Epstein, 2020. "Developing High‐Quality Data Infrastructure for Legal Analytics: Introducing the Israeli Supreme Court Database," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(2), pages 416-434, June.
    4. Christoph Engel, 2024. "The German Constitutional Court – Activist, but not Partisan?," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2024_04, Max Planck Institute for Research on Collective Goods.
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    7. David Gliksberg, 2014. "Does the Law Matter? Win Rates and Law Reforms," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(2), pages 378-407, June.

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