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Why de‐judicialize? Explaining state preferences on judicialization in World Trade Organization Dispute Settlement Body and Investor‐to‐State Dispute Settlement reforms

open access: yesRegulation and Governance, 2022
Judicialization scholarship suggests that states must seek the de-judicialization of international dispute settlement mechanisms to regain regulatory space. Why then do some states seek a de-judicialization yet others increased judicialization of dispute
Robert Basedow
exaly   +2 more sources

The Judicialization of Mega-Politics and the Rise of Political Courts

open access: yesAnnual Review of Political Science, 2008
In recent years, the judicialization of politics worldwide has expanded its scope to encompass what we may term “mega-politics”—matters of outright and utmost political significance that often define and divide whole polities.
Ran Hirschl
exaly   +2 more sources

Towards a legally plausible theory of judicialization in the European Union

open access: yesJournal of European Integration, 2023
peer reviewedThis article examines the development of judicialization literature in the EU arguing that–in spite of the obvious advantages of inter-disciplinary collaboration–scholarship on judicialization in law and political science is drafting apart ...
Mark Dawson
exaly   +2 more sources
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Judicial Populism,

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
openaire   +1 more source

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
openaire   +1 more source

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