From Courts of Appeal to Courts of Precedent—Access to the Highest Courts in the Nordic Countries

Sunde, Jørn Øyrehagen

doi:10.1007/978-3-319-52344-6_4

Cited by 6 publications

(2 citation statements)

References 2 publications

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“…If the Court has only little influence on the majority of the courts, questions should be raised about the extent to which it is successful in fulfilling its raison d'être. A reform of the nature of the Court of Cassation would be unavoidable, possibly steering away from the cassation mechanism towards the direction of more precedent-based supreme courts, such as exist in the Scandinavian countries 68 and the United Kingdom. 69 The question of compliance is also intrinsically linked with legitimacy.…”

Section: Normative Implicationsmentioning

confidence: 99%

Building a Legal Citation Network: The Influence of the Court of Cassation on the Lower Judiciary

Haegen¹

2017

ULR

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Section: Normative Implicationsmentioning

confidence: 99%

Building a Legal Citation Network: The Influence of the Court of Cassation on the Lower Judiciary

Haegen¹

2017

ULR

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“…Interlocutory appeals include orders or rulings ('kjennelse') and resolutions ('beslutning'). On a Nordic comparative study on granting or denying appeals, seeSunde (2017).4 The buddy system entailed the assignment of a more experienced clerk to read some of the novice clerk's first memos. Fairly quickly, however, new clerks would be on their own (Grendstad et al 2020…”

mentioning

confidence: 99%

From Backlogs to Quality Assurance. The Development of Law Clerk Units at Norwegian Courts

Grendstad¹,

Shaffer²,

Sunde³

et al. 2020

International Journal for Court Administration

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The Consultative Council of European Judges (CCJE) approves of the role of law clerks assisting judges in their decision making but cautions against clerks replacing judges. In this article we put CCJE's caution to a test and study law clerks at the Norwegian Supreme Court and the Borgarting and the Gulating courts of appeal, the country's two largest courts of appeal. The general pattern for all three courts is that the pretext for hiring clerks changes from backlog problems to quality assurance, that clerks become organized in separate units, that the number of tasks performed by clerks increases, and that women constitute an outsized presence in the clerk units. The growth in clerks contributes to institutionalizing courts. We conclude that clerks perform tasks of the judges, that to some degree they replace judges, that clerks influence decision making, but that clerks have not become judges or make final decisions.

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Courts and Court Proceedings

Nylund

Sunde

2018

Nordic Law in European Context

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From Courts of Appeal to Courts of Precedent—Access to the Highest Courts in the Nordic Countries

Cited by 6 publications

References 2 publications

Building a Legal Citation Network: The Influence of the Court of Cassation on the Lower Judiciary

Building a Legal Citation Network: The Influence of the Court of Cassation on the Lower Judiciary

From Backlogs to Quality Assurance. The Development of Law Clerk Units at Norwegian Courts

Courts and Court Proceedings

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