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It has been argued that, under certain conditions, judges are motivated to engage in strategic defection against their appointer once they perceive the latter to be losing effective power. This behaviour should generate a clustering of decisions unfavourable to the incumbent administration at...
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This article argues that judges suppress dissent when it is costly to do so, and that the cost of dissent depends on the political dimension of the issue broached. It contends that judges who disagree may nevertheless try to safeguard integrity and legitimacy in political disputes by presenting...
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The austerity policies pursued in several countries during the Eurozone crisis began to call attention to the role played by courts as relevant actors in the context of budgetary and financial policies. The case of the Portuguese Constitutional Court has often been singled out in national and...
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EU competition appeals typically involve applications by private businesses to annul decisions made by the European Commission. Moreover, these appeals are first assigned at random to a chamber, with a judge then designated as the rapporteur who will be most closely involved with the case. Using...
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Although all legal systems use some form of prejudgment or post-judgment interest, there is no substantive law & economics literature providing for a comprehensive theory on the impact, functioning and assessment of the judicial interest rate. Mainstream legal scholarship has usually dealt with...
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