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Party Capability Theory and Appellate Success in the Supreme Court of Canada, 1949-1992

Party Capability Theory and Appellate Success in the Supreme Court of Canada, 1949-1992. PETER McCORMICK 報告人：黃適文. 20100324. Rousseau said…. Party capability theory. The tall team usually win the basketball game Repeat player vs. one-shotter

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Party Capability Theory and Appellate Success in the Supreme Court of Canada, 1949-1992

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  1. Party Capability Theory and Appellate Success in the Supreme Court of Canada, 1949-1992 PETER McCORMICK 報告人：黃適文 20100324

  2. Rousseau said…

  3. Party capability theory • The tall team usually win the basketball game • Repeat player vs. one-shotter • The judges are not drawn from a statistically random group

  4. The goal of this paper • Can we apply party capability theory to Canadian circumstance. • Or, is the rational actor hypothesis exist? • Compare the results with the results of US and British juridical system.

  5. Data • 3993 reported decisions of the Supreme Court between 1949, and 1992. • Treating a 43-year range of cases as a single block. • Counting each case as one.

  6. Analysis • The advantage of respondent : 60:40 • Classify petitioners into eight categories. • Divide government into: Crown, Federal government, Provincial government, Municipal government

  7. Analysis • Divide business into : Big business, Other business • Include union

  8. Analysis

  9. Net advantage • Independent of the relative frequency with each type of litigant appears as appellant or respondent. • Reduce the effect of intra-category litigation.

  10. Impact of advantage on success rates

  11. Index by advantage score • Give each 5 per cent of advantage a score 1 • Ex: crown +5, individuals -2 … • The score vary from +7(crown vs. individuals) to -7(individuals vs. crown)

  12. Score and success rate

  13. Regression model The fit of the model is 0.7971

  14. Revision of respondent advantage • There are more appeals by appellants who are disadvantaged relative to their respondents • Average Supreme court appellant has an advantage differential of -1.2 relative to the respondent • The respondent advantage should be revise to 55:45

  15. Compare with the system in the US

  16. Compare with the British system

  17. Conclusion • The behavior of the Supreme Court of Canadasupportparty capability theory

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