Judicial Behaviour, Judicial Activism

Abstract

This panel brings together papers which address the related topics of judicial activism and judicial behaviour. We make inferences about judicial activism based on judges' behaviour, but these inferences are made complicated by the different structures which respectively constitute judicial decision-making (case allocation and panel formation) and constrain judicial decision-making (constitutional rules and legislative coalitions for judicial over-rule). The papers in this panel cover both European and American courts at first instance and final appeal level.