Historical Consensual Norms in the High Court
Bibliographic Data
| ID | 6234435 |
|---|---|
| Authors | Russell Smyth (0000-0001-6593-5462, corresponding author) |
| Year | 2002 |
| Volume | 37 |
| Issue | 2 |
| Pages | 255-266 |
| Publication date | 2002-07-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Australian Journal of Political Science (JOURNAL) |
| Journal identifiers | ISSN: 1036-1146 • E-ISSN: 1363-030X |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10361140220148133 |
| OpenAlex | W1974052463 |
| Language | EN |
| Citations received | 6 |
| References cited | 22 |
There is a substantial political-science literature that discusses the notion of consensual norms in the US Supreme Court. Most of this literature assumes that consensual norms exist, rather than proving their existence. Caldeira and Zorn ( American Journal of Political Science 42: 874-902, 1998) use the method of cointegration developed in econometric time-series analysis to prove the existence of a single consensual norm in the US Supreme Court. This study applies cointegration analysis to historical time-series data on dissenting and single judgments to examine whether there is a single consensual norm in the High Court of Australia. The study finds that a single consensual norm does not underlie decision making in the High Court. This result is explained on the basis that the institutions underpinning decision making and the approach to decision making are different between the Australian High Court and the US Supreme Court
Cointegration · Dissenting opinion · Econometrics · Economics · Law and economics · Norm (philosophy · Political science · Politics · Sociology · Supreme court · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies
Institutional Cohesion in the High Court of Australia
Collegial Influence and Judicial Voting Change
The Consensual Norm on the High Court of Australia
The High Court of Australia and political science
Judging government economic performance
The Transmission of Legal Precedent Across the Australian State Supreme Courts Over the Twentieth Century
Institutions and Social Conflict
A Note with Quantiles of the Asymptotic Distribution of the Maximum Likelihood Cointegration Rank Test Statistics 1
Corporate culture and economic theory
Creating and enforcing norms, with special reference to sanctions
Maximum Likelihood Estimation and Inference on Cointegration — With Applications to the Demand for Money
Institutions, Institutional Change and Economic Performance
Judicial Interaction on the Latham Court
The methodology of judicial behavior research
Judges and Justices
Elements of Judicial Strategy
The Quixotic Search for Consensus on the U.S. Supreme Court
Statistical analysis of cointegration vectors
Leadership and Consensus on the U.S. Supreme Court
On the Mysterious Demise of Consensual Norms in the United States Supreme Court
Neo-Institutionalism and Dissent in State Supreme Courts
Dissent Behavior and the Social Background of Supreme Court Justices
An Essay on Cointegration and Error Correction Models
The Methodology of Cointegration
Party Capability Theory as an Explanation for Intervention Behavior in the English Court of Appeal
Of Time and Consensual Norms in the Supreme Court
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,29 |
| Citation span | 2005 - 2020 (16) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 6 |