When you cannot ask the judge: Using the case to explore judicial culture

Much of our understanding of the judicial role and culture is grounded in data gathered through interviews, surveys, and observations of judges. However, in the UK access to the judiciary and the nature and form of questions you can ask of them is strictly controlled. This paper argues that the case is an important artefact of judicial culture. The analysis of judicial decisions provides an insight into the factors that shape the decision-making culture and the influence of culture on individual decision makers. The analysis of cases raises important questions about the decision-making culture in the highest court.