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Ruling Majorities and Reasoning Pluralities
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Saul Levmore
Published/Copyright:
May 7, 2002
This article takes on the puzzle of why many appellate courts insist on an outright (but simple) majority decision as to the immediate outcome or disposition of a case, while tolerating a plurality decision as to the precedential message, or reasoning, attached to a case. Somewhat similarly, pluralities are respected in many political settings but then not, for example, in legislative assemblies. The argument builds both on the Condorcet Jury Theorem and on the problem of dealing with voting paradoxes, or cycles. It links decision rules with the likelihood of cycling and the danger of misconstruing majority decisions.
Published Online: 2002-5-7
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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- Virtue and Self-Interest in the Design of Constitutional Institutions
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Articles in the same Issue
- Article
- Constitutional Consequentialism: Bargain Democracy versus Median Democracy
- Virtue and Self-Interest in the Design of Constitutional Institutions
- Economic Analysis and the Design of Constitutional Courts
- Ruling Majorities and Reasoning Pluralities
- The Condorcet Jury Theorem and Judicial Decisionmaking: A Reply to Saul Levmore
- Defining Citizenship
- Economic Culturalism: A comment on Dennis Mueller, Defining Citizenship
- Party Primaries as Collective Action with Constitutional Ramifications: Israel as a Case Study
- The Primaries System and Its Constitutional Effect: Where is the Revolution?
- On Constitutional Processes and the Delegation of Power, with Special Emphasis on Israel and Central and Eastern Europe
