Collective Judging in Comparative Perspective Counting Votes and Weighing Opinions

by Häcker, Birke; Ernst, Wolfgang

• ISBN13: 9781780686240
• ISBN10: 1780686242
• Edition: 1st
• Format: Hardcover
• Copyright: 2020-08-31
• Publisher: Intersentia

Summary

This book provides insight into modern collective judicial decision-making. Courts all over the world sit in panels of several judges, yet the processes by which these judges produce the courts’ decisions differ markedly. Judges from some of the world’s most notable judicial bodies, in both the civilian and the common law tradition and from supra-/international courts, share their experiences and reflect on the challenges to which their collective endeavour gives rise. They address matters such as the question of panel constitution, the operation of rapporteur systems, pre- and post-hearing conferences, the hearing procedure itself, the nature of the interaction between the judicial panel and parties’ advocates, the extent to which a unitary judgment of the court or at least a single majority judgment is required or deemed desirable, and how it is ultimately arrived at through different voting mechanisms. The judicial views are supplemented by a number of academic commentaries. Collective Judging in Comparative Perspective serves as an inspiration for future court design.

Author Biography

Birke Haecker is the Professor of Comparative Law, University of Oxford, and Fellow of Brasenose College.Wolfgang Ernst is Regius Professor of Civil Law, University of Oxford, and Fellow of All Souls College.