Public Law Studies Quarterly

Measuring Collective Judgment: Public Choice Theory and Judicial Ethics in the Structure and Functioning of the Administrative Justice Court

Document Type : Article

Authors

Seyed Hosein Rahimi Moghadam 1
Ali Akbar Gorji Azandaryani 2
Morteza Nejabatkhah 3
Farhang Faghih Larijani 4

1 Ph.D. Student in Public Law, Faculty of Humanitie, Islamic Azad University of Tehran North Branch, Tehran, Iran

2 Associate Prof., Department of Public Law, Faculty of Law, University of Shahid Beheshti, Tehran, Iran

3 Associate Prof, Department of Public Law, Faculty of Law and Political Science, University of Mazandaran,Mazandaran, Iran

4 Assistant Prof, Department of Public Law, Faculty of Law and Political Science, University of Mazandaran, Mazandaran, Iran

https://doi.org/10.22059/jplsq.2019.284361.2063
Abstract
The theory of public choice is the study of politics based on economic principles. Today, the application of this theory has expanded into issues such as judicial behavior. Studies have shown that the concept of public choice theory in judging has practically proved a kind of interdependence between the personal interest of the judges and its effects on the outcome of the lawsuit. The nature of the proceedings, the difficulty of agreement between judges, the inequality of judges, the uncertainty in judgments and the influence of more senior judges on the others, are among the disadvantages of multi-judge courts such as the full bench and specialized chambers of the Administrative Justice Court. The purpose of this contribution is to examine the possibility of the existence of personal judicial interests in collective administrative justice. The present study, with a descriptive-analytic approach, explains this relationship and proves that multi-judge panels of the  Administrative Justice Court are not exempt from the constant pressures and subornation of interest groups, the emergence of non-judicial ethics and the culture of expediency stemming from the practices of the Administrative Justice Court.

Keywords

judicial behavior
public choice
collective judgment
personal interest
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Public Law Studies Quarterly
Volume 52, Issue 1
Spring 2022
Spring 2022
Pages 25-47

  • Receive Date 27 June 2019
  • Revise Date 10 August 2021
  • Accept Date 20 October 2019

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