One or More Judges in the Courtroom? Adjudication by Single Judges or Collegial Courts

Abstract

Until the eighties, judicial cases in the Netherlands have been largely considered by collegial courts consisting of three judges. Those days are gone. In this article is explained how the assignment of cases to either a collegial court or a single judge vary considerably, along with the arguments to choose for adjudication by a multi-judge or a single judge court. Judges are united on the merits of adjudication by three judges, particularly when it comes to quality. But do they acknowledge possible hazards attached to collegial decision making?

Keywords: Adjudication, case assignment, judicial discretion, marginal judgment assessment