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When you cannot ask the judge: Using the case to explore judicial culture

Cahill-O'callaghan, Rachel ORCID: https://orcid.org/0000-0002-7791-4578 2023. When you cannot ask the judge: Using the case to explore judicial culture. Oñati Socio-Legal Series 13 (S1) , S121-S144. 10.35295/osls.iisl.1745

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Abstract

Much of our understanding of the judicial role and culture is grounded in data gathered through interviews, surveys, and observations of judges. However, in the UK access to the judiciary and the nature and form of questions you can ask of them is strictly controlled. This paper argues that cases are important artefacts of the culture of the judicial institute. The analysis of judicial decisions, approached through the lens of dissent, provides an insight into the factors that shape the decision making culture and the influence of culture on individual decision makers. The analysis of cases, enriched with data from judicial speeches, raises important questions about the decision-making culture in the highest court.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
Publisher: Oñati International Institute for the Sociology of Law Foundation
ISSN: 2079-5971
Date of First Compliant Deposit: 22 November 2023
Date of Acceptance: 20 October 2023
Last Modified: 23 Jan 2024 13:41
URI: https://orca.cardiff.ac.uk/id/eprint/164197

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