Showing 1 – 2 of 2 results.
Self-published
The Women on High Courts Database (ICPSR 135801)
Released/updated on: 2021-05-19
Geographic coverage: Earth
Time period: 1946-01-01--2020-12-31
This study provides over-time and cross-national data on women on high courts. The dataset includes information on the year the first woman was appointed and the gender composition of the high court. High courts include single peak courts as found in many common law countries and constitutional courts and highest appellate courts as found in many civil law countries. Information on the year of the first woman spans the period, 1945 to 2020. Data coverage on the number and percentage of women on high courts starts in 1970 or when the court is created, whichever comes first. Countries included have a population of 200,000 or greater. The data were compiled by the authors and their research teams drawing on a combination of secondary sources and information from countries' courts and judges.
Curated
Survey Study of 43 Supreme Court Common Law Judges on the Use of Foreign Law in Constitutional Rights Cases (ICPSR 29121)
Released/updated on: 2010-08-31
Geographic coverage: New Zealand, Canada, United States, Ireland, United Kingdom, South Africa, Israel, Australia, Global, India
Time period: 2005-12-01--2006-04-30
This is a survey study of 43 judges from the British House of Lords, the Caribbean Court of Justice, the High Court of Australia, and the Supreme Courts of Ireland, India, Israel, South Africa, Canada, New Zealand, and the United States on the use of foreign law in constitutional rights cases. As the focus of attempts to both explain and justify the use of foreign law in constitutional discourse, the attitudes of apex judges are clearly at issue. The study aims to shed light on how common law judges view foreign law as a source of argument in constitutional rights matters, and how they "see" transnational sources. The data provide the basis for preliminary testing of globalist theory (associated with Anne-Marie Slaughter, Vicki Jackson and Chris McCrudden). More generally, they lend a practical insight to jurisprudential debates invoking the nature of judicial reasoning in appellate courts. We find that the conception of judges citing foreign law as a source of persuasive authority is of limited application. Citational opportunism and the aspiration to membership of an emerging international "guild" appear to be equally important strands in judicial attitudes towards foreign law. We argue that their presence is at odds with Ronald Dworkin's theory of legal objectivity, and revealed in a manner meeting his own methodological standard for attitudinal research.