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Published online by Cambridge University Press: 03 November 2022
This chapter starts to dig into the role of judicial bureaucrats as consiglieri of the court. In particular, it focuses on the memoranda they prepare to advise the adjudicators throughout the proceedings. While these internal documents go by different names and take different forms in each court, they tend to share some common features: typically, they describe and characterize the state conduct that gave rise to the case; review the facts and evidence on the record; evaluate the viability of the parties’ legal claims and defences; compile relevant case law; and provide suggestions on how the issues in dispute should be resolved. Through the preparation of memoranda, judicial bureaucrats often run a full pre-assessment of the case, thereby exerting considerable influence on the decision horizon of the adjudicators.
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