Uniformity by rebound? Reconsidering the development of uniformity in relation to workload management and high-volume caseloads in higher courts

Abstract

This paper argues that the mechanisms that Chile’s high courts adopt to manage large caseloads—such as standardized practices to improve efficiency—tend to foster uniformity in judicial decisions. Empirical evidence that supports the analysis shows that these standardization mechanisms, initially adopted to address increased workload and resource constraints, inadvertently foster uniformity. This study helps to fill a gap in national research by examining how the interplay between case management and judicial decision-making generates uniformity.