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Decision-Making in Transnational Courts: A Longitudinal Study of the British Privy Council

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Abstract:

PAPER PROPOSAL
Jason Pierce
University of Dayton
Transnational courts have assumed heightened political and legal
relevance in many political systems during the last several decades.
This paper examines the decision making patterns of an oft-neglected
transnational court: the Judicial Committee of the Privy Council
sitting in London. Composed primarily of members from the House of
Lords, this committee presently serves as the final appellate court for
over twenty countries that retain the Queen of England as head of
state. Throughout the twentieth century, the Privy Council heard
appeals from nearly one hundred countries, dominions, territories and
other jurisdictions. Its jurisdiction gradually decreased over the
century as many countries opted to end appeals from their domestic
courts to the Privy Council.
With the Labor Government now considering substantial reforms to the
UK’s appellate judicial structure, it behooves political scientists to
assess the historic impact of the existing appellate courts, including
the Privy Council.
This conference paper begins with a longitudinal analysis of the Privy
Council’s tendency to overturn foreign courts during the twentieth
century. Drawing upon a dataset that I assembled of all Privy Council
decisions from 1900-1999 and utilizing time series analyses, the paper
explores the timing and causes of variation in the Privy Council’s
reversal rate. In other words, what might explain variation across
time? This paper concludes that key institutional and personnel changes
played important roles in this variation.
The second portion of the paper looks closely at those select years in
which the Privy Council’s reversal rates were statistically out of the
ordinary. It closely analyzes the cases, the legal issues raised, and
the judges who handled them. As transnational courts become more
powerful and common, this paper on the Privy Council provides a
valuable point of comparison for scholars studying transnational
judicial systems.
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Association:
Name: The Midwest Political Science Association
URL:
http://www.indiana.edu/~mpsa/


Citation:
URL: http://www.allacademic.com/meta/p83406_index.html
Direct Link:
HTML Code:

MLA Citation:

Pierce, Jason. "Decision-Making in Transnational Courts: A Longitudinal Study of the British Privy Council" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 15, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p83406_index.html>

APA Citation:

Pierce, J. L. , 2004-04-15 "Decision-Making in Transnational Courts: A Longitudinal Study of the British Privy Council" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois <Not Available>. 2009-05-26 from http://www.allacademic.com/meta/p83406_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: PAPER PROPOSAL
Jason Pierce
University of Dayton
Transnational courts have assumed heightened political and legal
relevance in many political systems during the last several decades.
This paper examines the decision making patterns of an oft-neglected
transnational court: the Judicial Committee of the Privy Council
sitting in London. Composed primarily of members from the House of
Lords, this committee presently serves as the final appellate court for
over twenty countries that retain the Queen of England as head of
state. Throughout the twentieth century, the Privy Council heard
appeals from nearly one hundred countries, dominions, territories and
other jurisdictions. Its jurisdiction gradually decreased over the
century as many countries opted to end appeals from their domestic
courts to the Privy Council.
With the Labor Government now considering substantial reforms to the
UK’s appellate judicial structure, it behooves political scientists to
assess the historic impact of the existing appellate courts, including
the Privy Council.
This conference paper begins with a longitudinal analysis of the Privy
Council’s tendency to overturn foreign courts during the twentieth
century. Drawing upon a dataset that I assembled of all Privy Council
decisions from 1900-1999 and utilizing time series analyses, the paper
explores the timing and causes of variation in the Privy Council’s
reversal rate. In other words, what might explain variation across
time? This paper concludes that key institutional and personnel changes
played important roles in this variation.
The second portion of the paper looks closely at those select years in
which the Privy Council’s reversal rates were statistically out of the
ordinary. It closely analyzes the cases, the legal issues raised, and
the judges who handled them. As transnational courts become more
powerful and common, this paper on the Privy Council provides a
valuable point of comparison for scholars studying transnational
judicial systems.

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Associated Document Available The Midwest Political Science Association
Associated Document Available Political Research Online


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