Judicial disagreement need not be political: dissent on the Estonian Supreme Court

Hanretty, Chris (2015) Judicial disagreement need not be political: dissent on the Estonian Supreme Court. Europe-Asia Studies, 67 (6). pp. 970-988. ISSN 0966-8136

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Abstract

I investigate the non-unanimous decisions of judges on the Estonian Supreme Court. I argue that since judges on the court enjoy high de jure independence, dissent frequently, and are integrated in the normal judicial hierarchy, the Estonian Supreme Court is a crucial case for the presumption that judicial disagreement reveals policy preferences. I analyse dissenting opinions using an ideal point response model. Examining the characteristics of cases which discriminated with respect to the recovered dimension, I show that this dimension cannot be interpreted as a meaningful policy dimension, but instead reflects disagreement about the proper scope of constitutional redress.

Item Type: Article
Faculty \ School: Faculty of Arts and Humanities > School of Politics, Philosophy, Language and Communication Studies
Depositing User: Pure Connector
Date Deposited: 19 Dec 2014 14:02
Last Modified: 21 Apr 2020 23:28
URI: https://ueaeprints.uea.ac.uk/id/eprint/51590
DOI: 10.1080/09668136.2015.1054260

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