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What Determines Judicial Prestige? An Empirical Analysis for Judges of the Federal Court of Australia

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  • Russell Smyth
  • Mita Bhattacharya

Abstract

This article examines judicial citations to analyze the determinants of judicial prestige in the Federal Court of Australia. First we construct two alternative measures of judicial prestige for all current and retired judges of the Federal Court. Second, we regress these measures of judicial prestige on a series of explanatory variables covering age on appointment, appointing government, prior experience, which law school the judge attended, how many law review articles the judge has published, gender, and tenure. We compare our results with those of previous studies that examine the determinants of judicial influence and prestige in courts in the United States and the High Court of Australia. One of the main contributions of the article is to provide evidence from an intermediate appellate court that can be used to test the general application of findings as to what determines judicial prestige in the United States to courts in other countries with different institutional frameworks. Copyright 2003, Oxford University Press.

Suggested Citation

  • Russell Smyth & Mita Bhattacharya, 2003. "What Determines Judicial Prestige? An Empirical Analysis for Judges of the Federal Court of Australia," American Law and Economics Review, American Law and Economics Association, vol. 5(1), pages 233-262.
    • Handle: RePEc:oup:amlawe:v:5:y:2003:i:1:p:233-262
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    Cited by:

    1. Monika Stachowiak-Kudła & Janusz Kudła, 2023. "Measuring the prestige of administrative courts," Quality & Quantity: International Journal of Methodology, Springer, vol. 57(4), pages 3637-3662, August.
    2. Berlemann, Michael & Christmann, Robin, 2017. "The Role of Precedents on Court Delay - Evidence from a civil law country," MPRA Paper 80057, University Library of Munich, Germany.
    3. Berlemann, Michael & Christmann, Robin, 2020. "Disposition time and the utilization of prior judicial decisions: Evidence from a civil law country," International Review of Law and Economics, Elsevier, vol. 62(C).
    4. Stephen J. Choi & G. Mitu Gulati, 2008. "Bias in Judicial Citations: A Window into the Behavior of Judges?," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 87-129, January.

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