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In France, the duty ‘to protect persons threatened in their country’ is based on an impartial examination of the asylum application, the right to remain on the territory and to dignified reception conditions for the duration of the examination.
Béatrice Mésini, Margot Bonis
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Judiciário e política regulatória: instituições e preferências sob a ótica dos custos de transação
Judiciary and regulatory policy. Increasingly, judges and the courts appear as actors capable of affecting the trajectory of the government decisions, as strategic agents in the policy process.
Rafael Silveira e Silva +1 more
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Background The valuation of medicines as health needs vary depending on the stakeholders involved (users, prescribers, managers, etc.) and their expectations. These factors modulate the role of medicines as a health need and influence access to medicines,
Claudia Marcela Vargas-Pelaez +12 more
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L’impact et les limites de l’action de groupe : vers une judiciarisation de la société japonaise ?
At the beginning of the 21st century, a reform of the judicial system was carried out, essentially aimed at increasing the number of lawyers and opening public participation. In this context, a new class action legislation was promulgated in the field of
Yasutaka Machimura
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Licenciamentos ambientais de grandes empreendimentos: tendência à judicialização?
Environmental licensing processes in Brazil have received increasing attention from the media and the public, particularly those that involve large projects of infrastructure, a range of actors and diverse interests (i.e. port sector).
Victor Caldas Ferreira de Carvalho +1 more
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Dada la necesidad de abordar desde la prevención el problema de las familias en situación de separación o divorcio inmersas en alta conflictividad y que tienden a judicializar sus relaciones, y ante la inexistencia de un instrumento que sirva para ...
María Martín-González +3 more
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Responsible Artificial Intelligence in Courts: A Four‐Test Framework
ABSTRACT A structured framework for responsible AI applications relating to judicial decision‐making and the adjudicative functions of courts requires the satisfaction of multiple context‐specific safeguards. This article proposes a four‐test framework designed to evaluate whether AI systems used in courts operate in accordance with legal, procedural ...
Kwan Yiu Cheng
wiley +1 more source
Perceptions on justice, the judiciary and democracy [PDF]
The reliance on courts for addressing public policy questions and political controversies is a central phenomenon in contemporary democracies. The judicialization of politics is the result of a shift in core issues regarding democratic legitimacy, both ...
Fernando Filgueiras
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The primary purpose of this Article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the counter-majoritarian role traditionally recognized in ...
Luís Roberto Barroso
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Judicialization of the right to education: democratic management in times of COVID-19
The United Nations Educational, Scientific and Cultural Organization - Unesco, revealed that the pandemic caused by COVID-19 affected more than 90% of the world's students due to the temporary closure of schools (Unesco, 2020).
Thiago Tavares da Silva Ferreira +1 more
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