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Interventions and Power in Judicial Hierarchies: Appellate Courts in England and the United States

Published online by Cambridge University Press:  01 July 2024

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Abstract

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Despite the advances made in the study of appellate courts in the past several decades, little attention has been devoted to evaluating the role of appellate courts cross-nationally. This article examines appellate courts in England and in America, particularly the English Court of Appeal and the U.S. Circuit Courts of Appeals. The American and English systems are proposed as alternative models of the relationship between courts and their respective political systems in Western common law regimes. Focusing on the intervention behavior of the intermediate appellate courts and their interaction with their respective courts of last resort, the data presented reveal more commonality than divergence in the behavior of the two judicial hierarchies.

Type
Research Article
Copyright
Copyright © 1990 Law and Society Association.

References

ABERBACH, Joel D. et al. (1981) Bureaucrats and Politicians in Western Democracies. Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
ATKINS, Burton M. (1989) “Communication of Appellate Decisions: A Multivariate Model for Understanding the Selection of Cases for Publication.” Delivered at the Annual Meeting of the Midwest Political Science Association, Chicago (13–15 April).Google Scholar
ATKINS, Burton M. (1988–89) “Judicial Selection in Context: The American and English Experience,” 77 Kentucky Law Journal 577.Google Scholar
ATKINS, Burton M.-(1988) “Integration and Control Functions in Judicial Hierarchies: The English Court of Appeal and the Context for the Use of Appellate Review Power.” Delivered at the Annual Meeting of the American Political Science Association, Washington, DC (31 August–4 September).Google Scholar
ATKINS, Burton M. (1972) “Decision-making Rules and Judicial Strategy on the United States Courts of Appeals,” 25 Western Political Quarterly 626.Google Scholar
ATKINS, Burton M., and Henry R., GLICK (1976) “Environmental and Structural Variables as Determinants of Issues in State Courts of Last Resort,” 20 American Journal of Political Science 97.Google Scholar
ATKINS, Burton M. (1974). “Formal Judicial Recruitment and State Supreme Court Decisions,” 4 American Politics Quarterly 427.Google Scholar
ATKINS, Burton, and Justin J., GREEN (1976) “Consensus on the United States Courts of Appeals: Illusion or Reality?” 20 American Journal of Political Science 20: 735.CrossRefGoogle Scholar
BELOFF, Max, and Gillian, PEELE (1985) The Government of the United Kingdom: Political Authority in a Changing Society. 2d Ed. New York: Norton.Google Scholar
BIRCH, Anthony (1983) The British System of Government. 6th Ed. London: Allen and Unwin.Google Scholar
BLOM-COOPER, Louis, and Gavin, DREWRY (1972) Final Appeal: A Study of the House of Lords in Its Judicial Capacity. Oxford: Clarendon.Google Scholar
CARTER, Gwendolyn (1972) The Government of the United Kingdom. New York: Harcourt, Brace, Jovanovich.Google Scholar
COX, Archibald (1976) The Role of the Supreme Court in American Government. New York: Oxford University Press.CrossRefGoogle Scholar
DAVIES, Thomas Y. (1982) “‘Affirmed’: A Study of Criminal Appeals and Decision-making Norms in a California Court of Appeal,” 1982 American Bar Foundation Research Journal 543.Google Scholar
DUBOIS, Philip (1988) “The Illusion of Judicial Consensus Revisited: Partisan Conflict on an Intermediate State Court of Appeals,” American Journal of Political Science 946.Google Scholar
EASTON, David (1953) The Political System. New York: Alfred A. Knopf.Google Scholar
GOLDMAN, Sheldon (1987) “Reagan's Second Term Judicial Appointments: The Battle at Midway,” 70 Judicature 324.Google Scholar
GOLDMAN, Sheldon, and Austin, SARAT (eds.) (1989) American Court Systems: Readings in Judicial Process and Behavior. New York: Longman.Google Scholar
GREAT BRITAIN SUPREME COURT OF JUDICATURE (yearly) Supreme Court Practice. London: Sweet & Maxwell.Google Scholar
HARTZ, Louis (1955) The Liberal Tradition in America. New York: Harcourt, Brace & World.Google Scholar
HOWARD, J. Woodford Jr. (1981) Courts of Appeals in the Federal Judicial System. Princeton, N.J. Princeton University Press.CrossRefGoogle Scholar
JACKSON, R. M. (1977) The Machinery of Justice in England. 7th Ed. Cambridge: Cambridge University Press.Google Scholar
LASSWELL, Harold (1958) Politics: Who Gets What, When, How. New York: Meridian Books.Google Scholar
LORD CHANCELLOR'S DEPARTMENT (yearly) Judicial Statistics. London: HMSO.Google Scholar
NORTON, Philip (1984) The British Polity. New York: Longman.Google Scholar
O'BRIEN, David (1986) Storm Center: The Supreme Court in American Politics. New York: W. W. Norton.Google Scholar
PRIEST, George L., and Benjamin, KLEIN (1984) “The Selection of Disputes for Litigation,” 13 Journal of Legal Studies.CrossRefGoogle Scholar
PUNNETT, R. M. (1969) British Government and Politics. London: Heinemann.Google Scholar
REYNOLDS, William L., and William M., RICHMAN (1981) “An Evaluation of Limited Publication in the United States Courts of Appeals: The Price of Reform,” 48 University of Chicago Law Review 573.Google Scholar
REYNOLDS, William L.-(1978) “The Non-precedential Precedent—Limited Publication and No-Citation Rules in the United States Courts of Appeals” 78 Columbia Law Review 1167.Google Scholar
RICHARDSON, Richard J., and Kenneth N., VINES (1970) The Politics of Federal Courts: Lower Courts in the United States. Boston: Little, Brown.Google Scholar
ROSE, Richard (1985) Politics in England. 4th Ed. Boston: Faber & Faber.Google Scholar
SCHMIDHAUSER, John R. (ed.) (1987) Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis. London: Butterworths.Google Scholar
SCHUBERT, Glendon, and David, DANELSKI (eds.) (1969) Comparative Judicial Behavior: Cross-cultural Studies of Political Decision-making in the East and West. New York: Oxford University Press.Google Scholar
SHAFER, Byron E. (1989) “‘Exceptionalism’ in American Politics,” 22 P.S: Political Science & Politics 588.Google Scholar
SHAPIRO, Martin (1981) Courts: A Comparative and Political Analysis. Chicago: University of Chicago Press.CrossRefGoogle Scholar
SHAPIRO, Martin-(1980) “Appeal,” 14 Law & Society Review 629.Google Scholar
SONGER, Donald R. (1986) “Factors Affecting Variation in Rates of Dissent in the U.S. Courts of Appeals” in Goldman, Sheldon and Lamb, Charles M. (eds.), Judicial Conflict and Consensus: Behavioral Studies of American Appellate Courts. Lexington: University of Kentucky Press.Google Scholar
STEINSTRA, Donna (1985) Unpublished Dispositions: Problems of Access and Use in the Courts of Appeals. Washington, DC: Federal Judicial Center.Google Scholar
STEVENS, Robert (1978) Law and Politics: The House of Lords as a Judicial Body, 1800–1976. Chapel Hill: University of North Carolina Press.Google Scholar
TATE, C. Neal (1987) “Judicial Institutions in Cross-national Perspective: Toward Integrating Courts into the Comparative Study of Politics,” in Schmidhauser, John R. (ed.), Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis. London: Butterworths.Google Scholar
TATE, C. Neal-(1975) “Paths to the Bench in Britain: A Quasi-experimental Study of the Recruitment of a Judicial Elite,” 28 Western Political Quarterly 108.Google Scholar
UNITED STATES ADMINISTRATIVE OFFICE (yearly) Annual Report of the Director of the Administrative Office of the United States Courts. Washington, DC: Government Printing Office.Google Scholar
WASBY, Stephen L. (1987) “Communication in the Ninth Circuit: A Concern for Collegiality,” 11 University of Puget Sound Law Review 73.Google Scholar
WASBY, Stephen L.1980–81 “‘Extra’ Judges in a Federal Appellate Court: The Ninth Circuit,” 15 Law & Society Review 369.Google Scholar
WASBY, Stephen L.-(1979) “Inconsistency in the United States Courts of Appeals: Dimensions and Mechanisms for Resolution,” 32 Vanderbilt Law Review 1343.Google Scholar
YALE LAW JOURNAL (1978) “Note: Courting Reversal: The Supervisory Role of State Supreme Courts” 87 Yale Law Journal 1191.Google Scholar
ZEMANS, Frances Kahn (1983) “Legal Mobilization: The Neglected Role of the Law in the Political System,” 77 American Political Science Review 690.Google Scholar