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Lay judges and labor courts: a question of legitimacy

Lay judges and labor courts: a question of legitimacy

Burgess, Pete, Corby, Susan ORCID: 0000-0002-7702-3425 and Latreille, Paul L. (2014) Lay judges and labor courts: a question of legitimacy. Comparative Labor Law & Policy Journal, 35 (2). pp. 191-215. ISSN 1095-6654

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Abstract

This article reviews the role of lay judges in labor courts in five European Union countries (Germany, France, Great Britain, Ireland and Sweden). We find that a very high proportion of judgments are unanimous in all five countries, despite imputed differences of interest between the employee, employer and professional judges and significant variations in the way that lay judges are selected, trained and deployed. This suggests that one key contribution of lay judges is to provide legitimacy to the decision making process. Three different facets of legitimacy are explored, but further empirical research is needed to establish why decisions are generally unanimous and how legitimacy might be more systematically compared cross-nationally.

Item Type: Article
Additional Information: [1] Citation: Burgess, Pete, Corby, Susan and Latreille, Paul L. (2014) Lay judges and labor courts: a question of legitimacy. Comparative Labor Law & Policy Journal. ISSN 1095-6654. URL: http://www.law.illinois.edu/publications/cllpj/content/pdf/vol_35/issue_2/Burgess-et-al-35-2-FINAL.pdf. [2] Comparative Labor Law & Policy Journal is a publication of the University of Illinois College of Law and the United States Branch of the International Society for Labor Law and Social Security.
Uncontrolled Keywords: labour courts, judges, lay, adjudication, legitimacy
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Business
Faculty of Business > Centre for Work and Employment Research (CREW)
Faculty of Business > Centre for Work and Employment Research (CREW) > Work & Employment Research Unit (WERU)
Faculty of Business > Department of Human Resources & Organisational Behaviour
Related URLs:
Last Modified: 10 Dec 2019 16:14
Selected for GREAT 2016: None
Selected for GREAT 2017: GREAT a
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/10979

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