Judicial Ideology in the House of Lords: A Jurimetric Analysis

Abstract

For a variety of reasons political science in Britain has made no serious attempt to study courts and judges as political institutions and actors. Or at least this was true until recently. Several works in the last few years, especially Griffith's, Stevens's and a forthcoming book on the law lords by Alan Paterson, have pointed to a much needed change in this attitude. However, none of them have been works of political science, even though they have considered politics. By this I mean two things: they have not principally considered the judges' thoughts as political ideology; and they have not used the techniques and assumptions of rigorous, analytic political science. Indeed one of the few slightly earlier studies of the political role of the courts in Britain, by Morrison, specifically denies that such approaches, especially the statistical approach of jurimetrics, is possible in Britain. This article is an attempt to do the impossible, not so much because the author believes that Morrison's point is necessarily wrong, but because it is never sound methodology to abandon techniques that have been useful elsewhere without trying to make them work on different data sets. But first we must attempt to characterize the judicial role, before we try any study of the politics that may be attendant on judicial ideology.

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