Results 261 to 270 of about 12,540 (296)
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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 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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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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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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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 +2 more
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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 +2 more
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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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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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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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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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Judicial Independence Not Judicial Isolation
2008Abstract 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 Politics and Judicial Reform
2020Abstract In the early years of the next regime, conservative courts will face off against liberal Democratic politicians. Courts are very unlikely to be able to do much to repair constitutional rot. Constitutional renewal must come from popular mobilizations and demands for reform, including constitutional reform.
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Judicial Review and Judicial Supremacy
SSRN Electronic Journal, 2014This 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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