Judicial review, invalidation and electoral politics: A quantitative survey

Smyth, Russell; Mishra, Vinod

doi:10.1017/cbo9781107445253.002

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2021

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“…Smyth (2002) examines whether there is a freshman effect on the HCA from its inception up to 1975. Other studies have examined in a descriptive manner, the ideological drift of specific Justices on the HCA over time (Kirby, 1995), the manner in which justices write their opinions on the Court (Lynch, 2020, and similar earlier studies), and the relationship between electoral politics and judicial review (Smyth & Mishra, 2015).…”

Section: Introductionmentioning

confidence: 99%

Personal or political patronage? Judicial appointments and justice loyalty in the High Court of Australia

Leslie

Robinson

Smyth

2021

Australian Journal of Political Science

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We examine whether Justices appointed to the High Court of Australia are more likely to find in favour of the Federal Government when the Prime Minister who appointed them is in office than when subsequent Prime Ministers are in office, over the period 1995 to 2019. We find evidence of a loyalty effect, even when subsequent Prime Ministers are of the same political party as the Prime Minister who appointed them. We distinguish between Justices appointed by Labor and Liberal Prime Ministers and show that the loyalty effect holds for Justices appointed by the Howard and Turnbull governments. These findings are important because they are central to the understanding of judicial independence and the rule of law.

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Section: Introductionmentioning

confidence: 99%