Court Leadership, Agenda Transformation, and Judicial Dissent A EUROPEAN CASE OF A "MYSTERIOUS DEMISE OF CONSENSUAL NORMS"

被引：13

作者：

Bentsen, Henrik Litlere ^{[1
]}

机构：

[1] Univ Bergen, Bergen, Norway

来源：

JOURNAL OF LAW AND COURTS | 2018年 / 6卷 / 01期

关键词：

D O I：

10.1086/695555

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

The previous literature debates whether rising rates of dissent are best explained by changes in court leadership and the composition of justices or by greater judicial discretion and changes in agenda. This article examines the influential hypotheses derived from the literature in the relevant and testable European case of the Supreme Court of Norway. It shows that the rising rate of dissent in the Court in the 1990s was mainly catalyzed by fundamental changes to the Court's discretionary power and by its newfound agenda to work more actively with the development of the law and the protection of human rights.

引用

页码：189 / 213

页数：25

共 28 条

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