Results 31 to 40 of about 242 (179)
Ideology and Agenda Setting in the High Court of Australia
Journal of Empirical Legal Studies, Volume 23, Issue 3, Page 408-425, September 2026.ABSTRACT Does judicial ideology affect the process of agenda‐setting in the High Court of Australia? Applications for “special leave” to appeal are the primary method through which the High Court manages its caseload, analogous to certiorari at the U.S. Supreme Court.
Pat Leslie +3 more
wiley +1 more source
THE JUSTICIABILITY OF RELIGION [PDF]
Journal of Law and Religion, 2017 AbstractInShergill & Others v. Khaira & Others[2014] UKSC 33, the UK courts considered whether a Sikh holy saint had the power to dismiss trustees who questioned his “succession” to the religious institution of theNirmal Kutia Johal. The Supreme Court, reversing the decision of the Court of Appeal that religious questions were “nonjusticiable,”
openaire +2 more sources
Fast Today, Fair Tomorrow: Competing Priorities Shaping EU Climate Law and Policy
WIREs Climate Change, Volume 17, Issue 4, July/August 2026.The European Green Deal (EGD) faces a fundamental tension between the need for speed and the imperative of justice, effectively prioritizing rapid climate action over deep social change. While climate mitigation goals are hard‐wired into policy through binding targets and clean innovations, social justice is often treated as a secondary, reactive ...
Alessandra Accogli +4 more
wiley +1 more source
Contextualising Hohfeld's Analysis of Rights: Legal Relations and the Rule of Law
Ratio Juris, Volume 39, Issue 1-2, Page 96-115, July 2026.Abstract More than a century ago, W. N. Hohfeld offered the most influential analysis of rights to date. However, his classification has rarely been received without criticism. Many of the objections to his framework stem from the longstanding debate between interest and will theories of rights.
Paulo Baptista Caruso MacDonald
wiley +1 more source
Deliberative Democracy, Social Rights and the Modulation of Judicial Review
Revista Derecho del Estado, 2021 Roberto Gargarella has infused into constitutional theory a deliberative approach to constitutional review and rights adjudication. By this, he has enriched our understanding of deliberative democracy as a political system in which the judiciary can play
Chiara Valentini
doaj +1 more source
Western Journal of Legal Studies, 2020 This paper examines Canadian case law to assess how judges determine whether morally charged questions are justiciable. The author applies Robert Cover’s philosophical concept of “responsibility mitigation mechanisms” to argue that judges may define justiciability narrowly to avoid complex moral questions.
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Review of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 414-424, July 2026.Abstract This article examines jurisprudence from key African and Latin American human rights bodies regarding the right to a healthy environment, with a focus on recent jurisprudence (2023–2025). It identifies a growing trend of an ecocentric interpretation of the right, which acknowledges that the environment and the life forms within it hold ...
Sonja Kahl
wiley +1 more source
Review of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 498-514, July 2026.Abstract The carbon sink capacity of ecosystems has long been neglected, leading to their degradation and the release of stored carbon, thereby exacerbating climate change. As parties increasingly resort to courts to resolve controversies over the sufficiency of measures to combat climate change, carbon sinks are emerging as a focal point.
Alessandra Accogli, Amelia Burnette
wiley +1 more source
The Czech climate case: An unfortunate tale of questionable strategies and unanswered questions
Review of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 578-589, July 2026.Abstract On 5 November 2025, the Czech Constitutional Court rejected the complaint in the landmark climate case (Pl. US 6/25). This concluded a 4‐year strategic litigation process, which challenged governmental inaction on climate change. Brought by individuals, an NGO and a municipality, the action alleged that insufficient greenhouse gas (GHG ...
Jiří Vodička
wiley +1 more source
The rights of the dying: the refusal of medical treatments in Argentine courts
Salud Colectiva, 2016 This paper addresses the judicialization of end of life medical decision-making, as part of the advance of the justice system in the regulation of medical practice and the rise of recognition of patient autonomy. The article analyzes, from a sociological
Juan Pedro Alonso
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