Quizlet GOV 365N: Comparative Legal Systems

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  1. Brinks Basic Concept: Judges can be independent without having autonomy.
  2. Dahl Basic Concept: Justices rule based on majoritarian rule.
  3. Decision-Making Independence: Discussed in Brinks, talks about judges having the ability to make decisions without the involvement of outside forces.
  4. Dworkin Basic Concept: Justices must think of how their decisions fit with a history of decisions, then they have to make substantive judgements about fairness, justice and due process.
  5. Epstein, Knight and S Basic Concept: Judges are strategic. They create cooperative working groups to get their ultimate goals passed.
  6. Ex Ante Majoritarian Rule: Dahl
  7. Legal Model: Dworkin
  8. O'Brien Basic Concept: Justices in Japan have low preferencial independence and high decisional independence. Chief Justice, Secretariate, and LDP make most of the decisions.
  9. Preferential Independence: Theory discussed in Brinks, talks about the importance of justices having the ability to display preferences at the time of appointment or nomination.
  10. Preferential Model: Segal and Spaeth
  11. Segel and Spaeth Basic Concept Ch. 10: Justices rule based on their attitudes.
  12. Segel and Spaeth Basic Concept Ch. 7: Judges ignore precedent they dislike and follow precedent they like.
  13. Strategic Model: Epstein and Knight