Judicial Ideology in the Absence of Rights

Zoë Robinson · Patrick Leslie · Jill Sheppard

10 citations0/0 files storedJournal of Law and Courts

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Judicial and Constitutional Studies Electoral Systems and Political Participation Legal processes and jurisprudence

Abstract

Abstract Research on judicial behavior has yet to systematically examine the extent to which ideology affects voting behavior outside of rights-based issues. This study explores the predictive effect of judicial ideology on judicial votes in a country without a bill of rights: Australia. We develop an ex ante measure of judicial ideology and use original data on every Australian High Court decision between 1995 and 2019 to test whether, and in which types of cases, votes of Australia’s justices align with their ideology. The results show that ex ante ideology is predictive of voting behavior, regardless of policy area.

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References

2002The Supreme Court and the Attitudinal Model Revisited 2002Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999 1989Ideological Values and the Votes of U.S. Supreme Court Justices 2008Democracy as a Latent Variable 2010Untangling the Causal Effects of Sex on Judging 2013The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice 1997Separation-of-Powers Games in the Positive Theory of Congress and Courts 2005Female Judges Matter: Gender and Collegial Decisionmaking in the Federal Appellate Courts

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2021Personal or political patronage? Judicial appointments and justice loyalty in the High Court of Australia

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