个人或政治庇护？澳大利亚高等法院的司法任命与司法忠诚

IF 1.2 3区社会学 Q3 POLITICAL SCIENCE

Australian Journal of Political Science Pub Date : 2021-04-05 DOI:10.1080/10361146.2021.1998346

P. Leslie, Zoe Robinson, R. Smyth

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引用次数: 1

摘要

摘要我们研究了在1995年至2019年期间，任命澳大利亚高等法院法官的总理在任时，他们是否更有可能支持联邦政府。我们发现了忠诚效应的证据，即使后来的首相与任命他们的首相同属一个政党。我们区分了工党首相和自由党首相任命的法官，并表明霍华德政府和特恩布尔政府任命的法官具有忠诚效应。这些发现很重要，因为它们是理解司法独立和法治的核心。

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

ABSTRACT 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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来源期刊

Australian Journal of Political Science POLITICAL SCIENCE-

CiteScore

2.10

自引率

8.30%

发文量

期刊介绍： The Australian Journal of Political Science is the official journal of the Australian Political Studies Association. The editorial team of the Journal includes a range of Australian and overseas specialists covering the major subdisciplines of political science. We publish articles of high quality at the cutting edge of the discipline, characterised by conceptual clarity, methodological rigour, substantive interest, theoretical coherence, broad appeal, originality and insight.