When Structure Speaks: A Comparative Study of Apex Courts

Isaac S. Herzog*

“Architecture is an expression of values – the way we build is a reflection of the way we live.” Norman Forester

This paper aims to address this gap with an updated empirical database of the structure of apex courts and an analysis of it. We present the data, search for clear patterns, and explore their meaning and significance. In general, we find that the present structure of apex courts reflects several salient structural commonalities, or common patterns, thus far not addressed or not fully explored. We also find clear parting lines that divide apex courts into major subcategories.

*Faculty of Law, Ono Academic College, Israel. I am grateful for advice and comments to Arend Lijphart, Jeremy Waldron, Gordon S. Wood, Michal Dorf, Amichai Cohen, Jon Elster, and Ken Himma. The views expressed herein are entirely my own and should not be imputed to any sponsors. The assistance of Deans Yuval Elbashan, David Schwartz and V.P. Rivi Shomrini-Cohen is truly appreciated. I am particularly grateful for the excellent research assistance of Gabi Agus, Traci Fine, and Maayana Miskin, and for insightful feedback of journal editors Zachary Lemonides and Iben Vagle as well as Anisha N. Dangoria and Allyson Ping.