This article shows that judicial review has a democratic justification, although it is not necessary for democratic government and its virtues are controversial and often speculative. Against critics like Waldron and Bellamy, it shows that judges, no less than legislators, can embody democratic forms of representation, accountability and participation. Hence, judicial review is not undemocratic...

This paper starts from the premise that private sector development is of crucial importance to the future development of MENA countries. It demonstrates the relative importance of various institutional constraints, in general, and impediments to dispute resolution, in particular, in reducing the competitiveness of private firms in the MENA region through by increasing transaction costs. It desc...

II. JUDICIAL SPECIALIZATION: A BACKGROUND .............................. 397 A. The Theoretical Context for Judicial Specialization ............... 397 B. Typologies of Judicial Specialization ...................................... 399 C. Arguments for and Against Specialized Courts ....................... 400 1. Development of Judicial Human Capital .............................. 401 2. Creati...

This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts’ interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the c...

The relationship between de jure and de facto judicial independence is much debated in the literature. Some studies find no relationship between the formal rules governing the structure of the judiciary and its de facto independence. Other studies find a significant correlation between de jure and de facto judicial independence, with one study even touting de jure judicial independence as the m...

The traditional view that inter-branch judicial independence is a necessary condition for high levels of foreign direct investment is flawed because it neglects to consider the significance of the autonomy of judges from societal actors as a distinct factor. Separating these two aspects of judicial independence and then interacting them produces four “judicial regime types”: the Liberal, Partis...

This thesis examines the relationship between contested judicial elections and the value of total damages in product liability trials. For years, legal scholars have argued that judicial elections pose a direct threat to a judge's impartiality, but this thesis is one of only a few studies to observe judicial elections' quantitative effects on the application of law. Narrowing the focus of this ...

While the performance evaluation of judges has become a ubiquitous aspect of modern judicial administration, evaluation mechanisms of are too often utilised uncritically, without reflection on why we evaluate judges, and how ‘measurement’ furthers these objectives. This article provides a conceptual analysis of the role and purpose of performance evaluation, conceiving it as a limited tool of j...

Abstract The judgment of the European Court Justice 18 May 2021 obliges Romania to review judicial reform 2017 – 2019. Otherwise Commission may activate safeguard mechanisms provided by Arts. 37 and 38 Treaty Accession Union. jurisprudence in all preliminary rulings relating this Romanian will have effects be an essential benchmark regarding established for Member States rule law - namely, Rule...

This article proposes to analyze the regulation and application of Duty Care Business Judgment Rule in American Law order compare it with   Buen Hombre de Negocios standard Uruguay. Also discuss applicability law criteria Uruguayan light draft reform Commercial Companies Act, finally propose a sort "two-step test" at court level for review liability company directors. The will also st...