A Common Law Theory of Judicial Review

Judicial Review, Justiciability and the Limits of the Common-Law Method

Social Architecture, Judicial Peer Effects and the "Evolution" of the Law: Toward a Positive Theory of Judicial Social Structure

principeles and criteria of administrative judicial review in switzerland law

principles of judicial review in administrative law are basic criteria developed through judicial decisions. most of these principles have a legal value in modern administrative law. in this paper some of these principles and criteria have been studied in switzerland administrative law. in this country the legality, equality, public interest, good faith, hearing and proportionality principles h...

A Theory of Judicial Deference

In many instances, appellate courts defer to lower courts and administrative agencies; the appellate court allows the other agent’s decision to stand even though the appellate court has strong reason to believe that decision incorrect. We provide a model in which such deference is rational. Our model is set in a two-dimensional case space. One dimension reflects "global" facts that are known to...

The Judicial Common Space

To say that positive political theory (PPT) scholarship on the hierarchy of justice is theory rich and data poor is to make a rather uncontroversial claim. For over a decade now, scholars have offered intriguing theoretical accounts aimed at understanding why lower courts defy (comply with) higher courts. But only rarely do they subject the accounts to rigorous empirical interrogation. The chie...