Party Capability Theory as an Explanation for Intervention Behavior in the English Court of Appeal
Bibliographic Data
| ID | 6232545 |
|---|---|
| Authors | Burton M Atkins (corresponding author) |
| Year | 1991 |
| Volume | 35 |
| Issue | 4 |
| Pages | 881 |
| Publication date | 1991-11-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | American Journal of Political Science (JOURNAL) |
| Journal identifiers | ISSN: 0092-5853 • E-ISSN: 1540-5907 |
| Publisher | JSTOR (PUBLISHER) |
| DOI | 10.2307/2111498 |
| OpenAlex | W2317356378 |
| Language | EN |
| Citations received | 35 |
| References cited | 20 |
On the assumption that the theory and data used by social scientists to understand appellate courts in political systems are very much bound to the U.S. context and, hence, are not necessarily generalizable, this paper examines the role of the English Court of Appeal in the English judicial system. Party capability theory is the primary framework by which I explore the circumstances in which the Court of Appeal intervenes in decisions reached in lower forums by reversing and remanding appeals raised in civil cases. Bivariate and multivariate analyses are presented that examine the explanatory power of party capability theory in conjunction with other models that purport to explain the circumstances in which appellate courts intervene in lower court rulings. The paper concludes by examining the implications of party capability theory as a framework for understanding appellate courts cross-nationally
Appeal · Context (archaeology · Epistemology · Explanatory power · Intervention (counseling · Law and economics · Political science · Politics · Power (physics · Sociology · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Psychology
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| Unique citing works | 35 |
|---|---|
| Citations per year | 0,97 |
| Citation span | 1990 - 2026 (37) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 35 |