Social Science in the Law: Applications of Social Science in the Law: Further Hearing - Theoretical and Empirical Aspects

Israel Law Review, Vol. 35, Summer/Autumn 2001

Posted: 19 May 2006

See all articles by Chanan Goldschmidt

Chanan Goldschmidt

Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law

Abstract

... The hearing framework known as a further hearing has been familiar to the general public in Israel for some time. ... When the question concerns the courts in Israel, as judicial institutions that rule on disputes and determine societal norms, then the setting of the precedent itself creates the framework to which judges in the lower courts will refer. ... Nonetheless, in view of the reasoning of Chief Justice Barak, mainly the focus on the differences in the size of the Supreme Court bench over the years, and his determination that a further hearing of a matter heard by an expanded original panel should be deemed an extremely rare occurrence, it would not be an overstatement to declare that in cases of an uneven number of more than five justices seated in the first panel, the chances of a further hearing are effectively non-existent. ... Another interesting element is the question of the extent of the interaction between the number of the original group, the form of the original decision (majority/unanimous), and whether the principle was reversed in the further hearing. ... We have seen that Supreme Court adjudication has determined that notwithstanding the explicit letter of the law, a further hearing may be granted even if the original ruling was handed down by an expanded panel. ...

Suggested Citation

Goldschmidt, Chanan, Social Science in the Law: Applications of Social Science in the Law: Further Hearing - Theoretical and Empirical Aspects. Israel Law Review, Vol. 35, Summer/Autumn 2001, Available at SSRN: https://ssrn.com/abstract=903115

Chanan Goldschmidt (Contact Author)

Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
372
PlumX Metrics