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Minnesota Law Review, 2020
The rise of populism is one of the most significant developments in contemporary politics.1 This phenomenon can be difficult to capture succinctly: populism does not constitute a uniform political movement, and the label has been applied to quite different political movements and moments.2 But commentators generally recognize a particular, contemporary
Bernstein, Anya, Staszewski, Glen
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The rise of populism is one of the most significant developments in contemporary politics.1 This phenomenon can be difficult to capture succinctly: populism does not constitute a uniform political movement, and the label has been applied to quite different political movements and moments.2 But commentators generally recognize a particular, contemporary
Bernstein, Anya, Staszewski, Glen
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JUDICIAL CONCILIATION AND JUDICIAL CONCILIATOR
Herald of Civil Procedure, 2021The article analyzes the provisions of procedural legislation on judicial conciliation and judicial conciliators. The authors review the provisions of several draft laws that contained rules on judicial conciliators. In particular, attention is paid to the projects of the Supreme Arbitration Court of the Russian Federation, projects of the Supreme ...
E.A. EVTUKHOVICH, D.G. FILCHENKO
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The Journal of Legal Studies, 2000
This paper presents a simple framework for analyzing a hierarchical system of judicial auditing. We concentrate on (what we perceive to be) the two principal reasons that courts and/or legislatures tend to scrutinize the decisions of lower-echelon actors: imprecision and ideological bias. In comparing these two reasons, we illustrate how each may yield
Spitzer, Matt, Talley, Eric
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This paper presents a simple framework for analyzing a hierarchical system of judicial auditing. We concentrate on (what we perceive to be) the two principal reasons that courts and/or legislatures tend to scrutinize the decisions of lower-echelon actors: imprecision and ideological bias. In comparing these two reasons, we illustrate how each may yield
Spitzer, Matt, Talley, Eric
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Judicial Independence And Judicial Hubris
2011Judicial independence is widely, and rightly, said to be a cornerstone of liberal government, of good government, and of the rule of law. Judicial independence in the good sense implies that judges should be free from improper interference by political authorities; that they should be free from improper pressure by powerful private forces as well, or ...
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Judicialization of Judicial Appointments?
2018This essay discusses United Kingdom’s transition to the commission model of judicial appointments, with the advent of the Constitutional Reform Act of 2005 (CRA). The essay expounds that the commission model in the UK provides for a sustained participation of ‘lay’ members, who are expected to be representatives of the civil society.
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