General courts, specialized courts, and the complementarity effect
نویسندگان
چکیده
Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized limited jurisdiction. Under one influential argument—advanced by both judges and theorists—general foster coherence within system. This Article identifies a distinct effect of establishing courts: “complementarity effect.” In case complementarity, strategically apply different principles in fields, such that litigants losing sphere (e.g., public law) are compensated another private law). We support this conjecture analyzing three studies.
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ژورنال
عنوان ژورنال: Regulation & Governance
سال: 2022
ISSN: ['1748-5991', '1748-5983']
DOI: https://doi.org/10.1111/rego.12479