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Legal Doctrine and Judicial Review of Eminent Domain in China
Mao, Wenzheng; Qiao, Shitong - 2021
Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This paper addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent...
Persistent link: https://www.econbiz.de/10013240783
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Judicial attitudes under shifting jurisprudence : evidence from Brazil's new drug law of 2006
Castro, Alexandre Samy de - 2021
offenses. The Brazilian constitution reserves 80% of the seats in appellate courts to career judges, 10% to lawyers and 10% to …
Persistent link: https://www.econbiz.de/10012594625
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The Role of Adjudication Procedures in Judicial Timeliness : Quasi-Experimental Evidence
Skiba, Paige Marta; Melcarne, Alessandro; Ramello, … - 2020
The Italian judicial system is notoriously slow, with an estimated backlog of five million cases. We use a sample of 652,174 court cases in Turin to study the role that various adjudication procedures play in judicial timeliness. We exploit plausibly exogenous variation in the procedures...
Persistent link: https://www.econbiz.de/10014113272
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In practice or just on paper? : some insights on using alphabetical rule to assign judges to cases
Fałkowski, Jan; Lewkowicz, Jacek - In: European journal of law and economics 54 (2022) 3, pp. 405-430
Persistent link: https://www.econbiz.de/10013431570
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Can courts make federalism work? : a game theory approach to court-induced compliance and defection in federal systems
Sala, Gemma - In: Economies : open access journal 2 (2014) 4, pp. 193-217
Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a...
Persistent link: https://www.econbiz.de/10010458556
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Nationwide Injunctions’ Governance Problems : Forum-Shopping, Politicizing Courts, and Eroding Constitutional Structure
Cass, Ronald A. - 2019
-of-law values, threatens the operation of courts as impartial arbiters of disputes over legal rights, erodes the Constitution …'s careful separation of functions among the branches of government, and is at odds with basic aspects of the federal judiciary …
Persistent link: https://www.econbiz.de/10012898503
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Constitution Bench Judgments of the Supreme Court of India (1950-2021)
Ghai, Nisshtha - 2023
A manual of the summaries of the Constitution Bench Judgments of the Supreme Court of India from 1950 to 2021 …
Persistent link: https://www.econbiz.de/10014261502
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Constitutional language : an interpretation of judicial decision
Brigham, John - 1978
Persistent link: https://www.econbiz.de/10000062961
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Restraining Judicial Power : The Fragmented System of Judicial Review and Constitutional Interpretation in Afghanistan
Pasarlay, Shamshad - 2020
The 2004 Constitution of Afghanistan vaguely describes the powers of the Supreme Court (the Court) to interpret the … constitution and exercise judicial review. It also describes an independent commission for the supervision of the implementation of … the constitution (the Commission), whose powers are ambiguous and seem to overlap with those of the Court. The political …
Persistent link: https://www.econbiz.de/10012839299
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Judicial activism contributing to the understanding of social state principle(s) : Constitutional Court of Slovenia at the crossroads
Brezovar, Nejc - In: Danube : law and economics review 8 (2017) 1, pp. 19-30
The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...
Persistent link: https://www.econbiz.de/10011643982