 | Term | Definition |
| |
Dahl Basic Concept |
Justices rule based on majoritarian rule. |
| |
Segel and Spaeth Basic Concept Ch. 7 |
Judges ignore precedent they dislike and follow precedent they like. |
| |
Segel and Spaeth Basic Concept Ch. 10 |
Justices rule based on their attitudes. |
| |
Epstein, Knight and S Basic Concept |
Judges are strategic. They create cooperative working groups to get their ultimate goals passed. |
| |
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. |
| |
Brinks Basic Concept |
Judges can be independent without having autonomy. |
| |
Ex Ante Majoritarian Rule |
Dahl |
| |
Legal Model |
Dworkin |
| |
Preferential Model |
Segal and Spaeth |
| |
Strategic Model |
Epstein and Knight |
| |
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. |
| |
Decision-Making Independence |
Discussed in Brinks, talks about judges having the ability to make decisions without the involvement of outside forces. |
| |
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. |
