ABSTRACT

While there are no juries in asylum appeals, however far they progress up the legal ladder, here too Clifford’s questions cannot be other than matters of fascination. Even in jury trials judges are far more than passive ‘referees’ (Engeström 1998: 201), and when judges themselves are decision makers their role is greater still. In reaching decisions, says Edmond, they are ‘simultaneously interested in resolving a public dispute plausibly and expeditiously, advancing their career, cultivating the law, establishing a personal reputation, resisting or encouraging review and maintaining the social legitimacy of their institution’ (2004b: 138).