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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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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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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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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 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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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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Di Florio, Cecilia, Rotolo, Antonino
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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 Restraint (and Judicial Supremacy)
2022Abstract 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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