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Epstein, Lee; Knight, Jack --- "Efficacious judging on apex courts" [2018] ELECD 773; in Delaney, F. Erin; Dixon, Rosalind (eds), "Comparative Judicial Review" (Edward Elgar Publishing, 2018) 272

Book Title: Comparative Judicial Review

Editor(s): Delaney, F. Erin; Dixon, Rosalind

Publisher: Edward Elgar Publishing

ISBN: 9781788110594

Section: Chapter 14

Section Title: Efficacious judging on apex courts

Author(s): Epstein, Lee; Knight, Jack

Number of pages: 18

Abstract/Description:

After establishing that judges are sensitive to the consequences and enforceability of their decisions, this chapter outlines four methods judges use to help ensure that their decisions are efficacious (i.e. respected by external actors): anticipating the reaction of relevant (current) external actors, anticipating the reactions of incoming external actors, developing avoidance procedures and limiting doctrines, and cultivating public opinion. The chapter draws on evidence from Germany, the United States, Canada, South Africa, and other countries to illustrate these methods.