Hail to the Chief! Leadership and Structural Change in the Level of Consensus on the High Court of Australia

Russell Smyth and Paresh Narayan ()

Journal of Empirical Legal Studies, 2004, vol. 1, issue 2, 399-427

Abstract: This article identifies structural breaks in dissenting and single opinions on the High Court of Australia and uses a recent method proposed by Caporale and Grier (2002) to examine the effect of leadership on variations in the dissent rate between 1904 and 2001. Although there has been much speculation about the effectiveness of different Chief Justices in obtaining consensus on the Court, to this point most of the evidence has been anecdotal. Our main findings are that the structural breaks that we identify coincide with major turning points in the leadership of the Court and that leadership has been important in explaining variations in the proportion of dissenting opinions on the Court.

Date: 2004
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https://doi.org/10.1111/j.1740-1461.2004.00012.x

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Persistent link: https://EconPapers.repec.org/RePEc:wly:empleg:v:1:y:2004:i:2:p:399-427

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