Results 261 to 270 of about 12,792 (314)

JUDICIAL CONCILIATION AND JUDICIAL CONCILIATOR

Herald of Civil Procedure, 2021
The 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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Judicial Auditing

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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Judicial Independence And Judicial Hubris

2011
Judicial 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?

2018
This 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 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 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 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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