Panel Size

Abstract

This chapter explains the Supreme Court’s decisions to sit in panels of five, seven, or nine judges. The main findings are that the Supreme Court sits in larger panels in cases that involve the government; cases that involve human rights claims; and cases that are important, judged on the basis of the number of law reports that reported the decision that is being appealed. There is limited evidence to suggest that the Supreme Court sits in larger panels in cases where lower court judges have been divided. The key factors identified in this chapter thereforematch the Court’s own description of how it approaches panel size.