Results 221 to 230 of about 770 (269)

Judicial Review and Judicial Supremacy

SSRN Electronic Journal, 2014
This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy.
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Judicial Integrity

2004
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming.
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Judicial Delay

2017
Justice delay is unanimously considered a negative externality both in terms of security and institutional trust (especially when referred to criminal cases) and in terms of economic development (especially when referred to civil cases). Despite several attempts to make systems more efficient have been taken in many countries, it is almost impossible ...
D'Agostino, Elena, Sironi, Emiliano, Sobbrio, Giuseppe   +2 more
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Judicial Independence Not Judicial Isolation

2008
Abstract Abstract This paper argues that the judiciary should be both independent and involved. It should not be isolated. In any jurisdiction the existence of a judiciary which is both individually and institutionally independent is critical to the rule of law.
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Judicial Networks

2012
Courts are increasingly pursuing partnerships with foreign counterparts by organising themselves in networks—at their own initiative or at the instigation of the european legislature. This chapter adopts a critical approach to this phenomenon to highlight its advantages and drawbacks.
de Visser, M.C.B.F., Claes, M.
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Judicial Restraint (and Judicial Supremacy)

2022
Abstract Debates in constitutional democracies over “restraint” (versus “activism”) in judicial constitutional review have typically turned on a bedrock political value of democracy. The debates may also, however, be understood in the light of a different bedrock value, that of political legitimacy.
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Judicial Elections and Judicial Behaviour

Abstract This chapter reviews the evidence about how electing judges, rather than appointing them, affects judicial behaviour. It argues that judicial elections direct judges to respond to public preferences just as elite re-appointment mechanisms lead judges to pay increased attention to the desires of legislators and executives.
Michael J. Nelson, Michael Burnham
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Judicial Explanations

The use of machine and deep learning techniques to predict outcomes in legal proceedings is a highly debated topic among legal scholars and policymakers. These technologies have the potential to support judicial decision-making, assist litigants, and analyze biases within the legal process.
Di Florio, Cecilia, Rotolo, Antonino
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JUDICIAL DECISIONS

The Italian Yearbook of International Law Online, 2004
IOVANE, MASSIMO, Cataldi Giuseppe
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The Power of Judicial Review: Judicial Chutzpah or Judicial Desideratum

2021
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