The Steadying Effect of A Known Bench

Cotter, John

Abstract

This chapter examines Karl Llewellyn's twelfth steadying factor, a 'known bench', in the context of how it might contribute to steadying outcomes in the preliminary reference procedure. The chapter commences with a brief description of Llewellyn's ideas on American appellate courts as 'known benches' to the lawyer arguing a respective appeal, and how that knowledge of the appellate bench might assist in prediction of outcomes. The chapter then considers the concept in the context of the Court of Justice and discusses whether the Court or its various formations may be considered as a 'known bench'. Consideration is also given to the effect that the various formations of the Court, and the manner and timing of the communication of the formation, in a prospective preliminary ruling may have on the reckonability of outcome.

• Acceptance Date: May 6, 2022
• Publication Date: May 6, 2022
• Deposit Date: Jun 2, 2023
• Pages: 232-242
• ISBN: 9781788979559; 9781788979542; 9781788979559
• DOI: https://doi.org/10.4337/9781788979559.00022