The choices judges make - Court rulings, personal values, and legal constraints

M.V.B.P.M van Hees, B. Steunenberg

Research output: Contribution to journalArticleAcademicpeer-review

8 Citations (Scopus)

Abstract

In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model of judicial choice in a broader context of political decision-making we show how judges are able to affect policy and under what circumstances the judiciary will change their legal interpretations. The model is applied to decision-making by the Dutch Supreme Court on euthanasia to illustrate its main features.

Original languageEnglish
Pages (from-to)305-323
Number of pages19
JournalJournal of Theoretical Politics
Volume12
Issue number3
Publication statusPublished - Jul-2000

Keywords

  • court decision making
  • euthanasia
  • game theory
  • judicial behavior
  • public policy
  • BUREAUCRACY
  • DECISIONS
  • POLITICS
  • POLICY
  • STATE

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