Relevant bibliographies by topics / Judicial review

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Judicial review'

Author: Grafiati
Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Judicial review"

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Langille, Brian A. "Judicial Review, Judicial Revisionism and Judicial Responsibility." Revue générale de droit 17, no. 1-2 (May 1, 2019): 169–216. http://dx.doi.org/10.7202/1059325ar.

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Judicial review of the decisions of labour relations boards has been a nagging problem for the Supreme Court of Canada for decades. The decision of the Court in Le Syndicat des Employés de Production du Québec et de L’Acadie v. Canada Labour Relations Board et al. provides an opportunity for and indeed provokes review of the work of the Court in dealing with this recurring problem. This essay begins by placing in perspective the concrete issue posed in the L’Acadie decision. But the particular facts of that case are used only as a vehicle to explore the nature of the problem of judicial review of labour decisionmakers and the history of the Court's handling of it. A fundamental thesis of this essay is that the Court's work can be best understood as comprising two distinct periods, the early years (pre-1979) and the new era (1979-1984?). This essay articulates the view that during the early years the Court developed a law of judicial review which was wholly inadequate both in functional and doctrinal terms. In the new era the Court simplified and reformed the law of judicial review of labour boards and labour arbitrators. It is only from the perspective of the Court's previous handling of the issue that the decision in L’Acadie can be truly understood. When so viewed the decision is perfectly inadequate. The case creates a new distinction based upon the old confusion of “jurisdiction”. This essay then develops the view that no theory of judicial review which revolves around the notion of “jurisdiction” can ever satisfactorily deal with the issues presented. In this respect the Court's own cases from the “new era” represent a much more sensible, if still a second best approach. Finally, suggestions for a legislative solution to the problem posed by L’Acadie are briefly explored.
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Pandit, Piyush. "Judicial Review and its Distinction with Appeal." International Journal For Multidisciplinary Research 04, no. 04 (2022): 76–85. http://dx.doi.org/10.36948/ijfmr.2022.v04i04.007.

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Judicial Review is the basic and essential feature of the Indian constitutional scheme entrusted to the judiciary. The supremacy of the Indian Constitution is maintained in large part by judicial review. Additionally, it aids in preserving the harmony between the state’s three organs so that no law can be passed without being subject to review. Perhaps the most significant advancement in public law in the latter half of this century has been the judicial review of administrative action, and this paper focuses precisely on that. Judiciary review thus seeks to safeguard citizens from the misuse or abuse of authority by any branch of the state. This paper tries to cover the nuances of judicial review, like the grounds of judicial review, the doctrine of ultra vires, writs, and finally, its distinction with an appeal.
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Jones, Timothy H. "Judicial review and codification." Legal Studies 20, no. 4 (November 2000): 517–37. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00158.x.

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This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality. The extent to which codification might further these values is considered in the light of two comparative models: the United States Administrative Procedure Act 1946 and the Australian Administrative Decisions (Judicial Review) Act 1977 (Cth). It is concluded that codification offers no solution to the practical and theoretical problems of judicial review. Codification places the content of the principles of judicial review in the hands of politicians. Australian legislation limiting the grounds of review available in migration cases shows the danger to the separation of powers inherent in codification. If it is thought desirable to foster the further development of the principles of judicial review, this can best be achieved by leaving the task to the judiciary.
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Waluchow, W. J. "Judicial Review." Philosophy Compass 2, no. 2 (March 2007): 258–66. http://dx.doi.org/10.1111/j.1747-9991.2006.00056.x.

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Gunther, Gerald. "Judicial review." Society 24, no. 1 (November 1986): 18–23. http://dx.doi.org/10.1007/bf02695932.

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Orth, John W., and Tony Smith. "Judicial Review." Foreign Affairs 80, no. 3 (2001): 152. http://dx.doi.org/10.2307/20050215.

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Rusu, Mihaela. "Judicial review." Eximia 12 (October 13, 2023): 276–98. http://dx.doi.org/10.47577/eximia.v12i1.365.

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Individual freedom, together with the security of the person, are values to which the fundamental law of the State grants a character of inviolability. This recognition of the significance of value has led to the establishment in the Constitution of general points in which one can deviate from the principle of inviolability of freedom: nature of preventive measure, duration, competent judicial body. The constitutional principle stated is known at the level of law in Article 5 of the European Convention on Human Rights, in order to ensure a uniform level of interpretation of the legal norms regarding any restriction of the freedom of the individual. The right to liberty – as proclaimed in Article 5 of the Convention concerns, of course, the physical freedom of the person, and the stated purpose of protection is to ensure that no human being can be deprived of this right. Despite these views, the post-December criminal procedure legislation has failed to harmonise with the European spirit nor to fully satisfy the principles resulting from the case-law of the Strasbourg Court. It took a major legislative invention to bring back to normality the provisions contained in the Criminal Procedure Code and the enforcement laws and to show that Romania respects its arrogant international obligations in the field of criminal procedure law. The legislator itself noted, in justifying the revision of the legal norms (substantive and procedural), that the amendments aimed to ensure a unitary protection of the freedoms guaranteed by the Constitution and international legal instruments, to streamline the criminal process and, at the same time, the fair conduct of judicial proceedings for all participants in the criminal process. As a method of governing state power, coercion has priority, conviction having an auxiliary role, but it is ubiquitous. Any state-organized society has a coercive force, varying only the forms of coercion, its intensity, and the relations between coercion and conviction.
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Serau Junior, Marco Aurélio, and Isabel Ceccon Iantas. "Judicial review." Revista da Faculdade de Direito da Universidade Federal de Uberlândia 50, no. 2 (July 12, 2023): 333–53. http://dx.doi.org/10.14393/rfadir-50.2.2022.65622.333-353.

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A pandemia de COVID-19 trouxe a necessidade de reconfiguração do mundo do trabalho, a fim de adequá-lo às novas necessidades decorrentes da crise sanitária, sem que ocorresse a paralisação total das atividades laborativas. Dentre as alternativas legisladas, a Lei nº 14.151/2021 impôs o afastamento imediato das mulheres gestantes das atividades presenciais, sem prejuízo de sua remuneração. Tendo em vista as diversas lacunas deixadas por esta norma, o Poder Judiciário foi provocado a rever determinados pontos. Dessa forma, em um primeiro momento, analisam-se as leis de caráter emergencial para contextualizar a urgência de criação de proteções à classe trabalhadora diante da pandemia. Em seguida, através de levantamento bibliográfico-documental, reuniram-se decisões judiciais que debatem os efeitos da Lei nº 14.151/2021 e, posteriormente, as soluções trazidas pela Lei nº 14.311/2022. Assim, por meio da metodologia analítico-argumentativo, demonstram-se os posicionamentos do Poder Judiciário diante da aplicabilidade da nova legislação. Por fim, debate-se o instituto judicial review dentro do contexto de jurisprudência de crise criada em razão da pandemia.
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Jain, Nilanjana. "Judicial Power: From Judicial Review to Judicial Overreach." Indian Journal of Public Administration 56, no. 2 (April 2010): 331–42. http://dx.doi.org/10.1177/0019556120100211.

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Shehu, Ajepe Taiwo. "Judicial Review And Judicial Supremacy: A Paradigm of Constitutionalism in Nigeria." International and Comparative Law Review 11, no. 1 (June 1, 2011): 45–75. http://dx.doi.org/10.1515/iclr-2016-0095.

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Abstract This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. Th is is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the judiciary had been of recurring academic discuss in some jurisdictions with written Constitutions, particularly the United States from where Nigeria largely borrowed its presidential constitutionalism. This thus suggests that there is a need to examine the controversy within the context of Nigeria’s experience; is it really in the Constitution that creates branches of the government and that is proclaimed to be supreme over all authorities including the judiciary? Is it in the judiciary whose oversight function cuts across the political branches and whose interpretative decisions are binding on the constitution itself and the other branches? Is it in the executive that appoints and removes Justices of the court subject to confirmation by the Senate, or is it in the legislature? The paper argues that the overriding effect of the judicial power of the Supreme Court over all persons and authorities including the Constitution puts the judiciary in supreme position, that being the natural consequence of the power so vested in the judiciary by the “People Themselves.”
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Dissertations / Theses on the topic "Judicial review"

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SCHETTINO, JOSE GOMES RIBERTO. "JUDICIAL REVIEW AND PROCEDURAL JUDICIAL ACTIVISM." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2008. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=13355@1.

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O controle judicial de constitucionalidade teve sua origem nos Estados Unidos com o julgamento de Marbury v. Madison, em 1803. A partir de uma análise histórica do desenvolvimento desse precedente e do desenvolvimento do judicial review no referido paí­s, bem como do nascimento da jurisdição constitucional européia de matiz kelseniano, demonstra-se a expansão da atividade judicial para searas não originariamente imaginadas pelos ideólogos do controle de constitucionalidade das leis pelo Judiciário. Conceitua-se então o fenômeno como ativismo judicial e, após, distingue-se-o, assim, em ativismo judicial de í­ndole material ou substantiva do de aspecto processual ou formal. Tendo, desse modo, como premissa a historicidade do controle judicial de constitucionalidade e a influência que os modelos americano e europeucontinental lograram no Brasil, analisa-se a expansão da atividade jurisprudencial do Supremo Tribunal Federal nos últimos anos, seja pelo alargamento dos limites de sua competência constitucional seja pela extensão temporal e funcional dos efeitos de suas decisões, como resultado de um ativismo judicial de caráter processual.
Judicial review of legislation originated in the United States of America with the ruling in the Marbury v. Madison case, back in 1803. The expansion of judicial activity into domains not originally imagined by the ideologues of judicial review will be expounded by means of a retrospective analysis of doctrine and case-law arising from said ruling in the USA, as well as of the rise of Kelsenfashioned constitutional adjudication in Europe. Such phenomenon is herein conceptualized as judicial activism and henceforth marked as material or substantive judicial activism as distinct from the procedural or formal type. Premised, thus, on the historical nature of judicial review and the influence of both the American and the European models have born on Brazil, an analysis is made of the expansion of Supremo Tribunal Federal adjudication in Brazil in the past few years, be it through the widening of its constitutional jurisdiction, be it through the enlargement both in duration and in function of the effects of its rulings as a result of procedural-based judicial activism.
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Magalhâes, Pedro C. "The limits to judicialization legislative politics and constitutional review in the Iberian democracies /." Connect to this title online, 2003. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1046117531.

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Thesis (Ph. D.)--Ohio State University, 2003.
Title from first page of PDF file. Document formatted into pages; contains xvii, 398 p.: ill. Includes abstract and vita. Advisor: Richard Gunther, Dept. of Political Science. Includes bibliographical references (p. 364-398).
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Yang, Fuhao. "Post-WTO judicial review in China inspiration, impetus and progress : establishing an independent judicial review within the review mechanism /." Click to view the E-thesis via HKUTO, 2005. http://sunzi.lib.hku.hk/hkuto/record/B36635716.

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O'Brien, Patrick. "The democratic objection to judicial review." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543632.

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Yang, Fuhao, and 楊芙皓. "Post-WTO judicial review in China: inspiration, impetus and progress : establishing an independentjudicial review within the review mechanism." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B36635716.

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Chaudhury, Shirin Sharmin. "The scope of the right to life and the Indian constitution : an essay in law and theory." Thesis, University of Essex, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313098.

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Kaminski, Jessika Torres. "Judicial review, instituição políticas e processo decisório." reponame:Repositório Institucional da UFPR, 2013. http://hdl.handle.net/1884/31666.

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Resumo: O presente trabalho tem por objetivo analisar as decisões do Supremo Tribunal Federal ante o prisma do processo legislativo estadual e conferir se o mesmo é ou não um ator com poder de veto no conceito de George Tsebelis, para então, verificar algumas hipóteses colacionadas a respeito da influencia do governador frente as decisões da Assembleia Legislativa. Desta forma, as respostas buscadas são para responderem se o STF veta igualmente ou diferentemente as decisões federais e estaduais, se os legitimados para propositura de ações de controle concentrado podem ser absorvidos, restringidos, e, se o número de legitimados na introdução da judicialização aumenta a estabilidade decisória e reduz o poder de agenda (do governador/coalizão) e a capacidade decisória de coalizões majoritárias (maioria governista) no processo decisório estadual. Para tanto, o método utilizado é tanto o qualitativo, como o quantitativo, e revelaram que o STF tem sido um ator presente nas decisões estaduais, alterando-as e tem sido buscado, especialmente pelo governador, face a assembleia legislativa quando alguma lei estadual lhe desfavorece ou não é competência constitucional da assembleia em legislá-la. O que se pecebe é uma restrição ao processo legislativo estadual, desde as competências previstas, até a legislação que propõe, sendo o STF um importante ator nestas decisões. Os resultados ainda indicam que os legitimados não são restringidos, não há como ter este controle, ainda que com uma coalizão forte estadual, aumentando, portanto, a estabilidade decisória.
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Zhai, Guoqiang. "The practice of judicial review in China." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115759.

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The author classifies constitutional control models in the world inthree groups: Constitutional Court model, judicial revision and parliamentary control. China’s model is the last one. Then, underlines, two main goals of constitutional control: human rights protection and constitutional control of the legal system. Finally, suggests a debate about which body should bein charge of the constitutional control, whether that important work shall continue under the National People’s Congress, become a non legislative body or if it shall stay in charge of China’s Superior Court.
El autor clasifica en tres grupos los modelos de control constitucional en el mundo: el modelo de Tribunal Constitucional, el derevisión judicial y el control parlamentario, ubicando a China en este último. Posteriormente, resalta las dos finalidades principales del control de constitucionalidad: la protección de los derechos humanos y el control de constitucionalidad del sistema legal. Finalmente, el autor plantea el debate sobre el órgano que debería estará cargo del control de constitucionalidad, vale decir, si esa importante labor debe continuar en la Asamblea Popular Nacional, transformarse de un órgano legislativo a uno no legislativo o si debe quedar a cargo de la Corte Superior de China.
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Lemieux, Scott. ""Constitutional politics and the political impact of abortion litigation : judicial power and judicial independence in comparative perspectives" /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/10756.

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Ura, Joseph Daniel Vanberg Georg. "The effects of judicial review in American politics." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2006. http://dc.lib.unc.edu/u?/etd,349.

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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2006.
Title from electronic title page (viewed Oct. 10, 2007). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science." Discipline: Political Science; Department/School: Political Science.
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Books on the topic "Judicial review"

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Gordon, Richard. Judicial review. Harlow: Longman Group, 1993.

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Clyde, J. J. Judicial review. Edinburgh: W. Green, 2000.

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McLeod, T. I. Judicial review. Chicester [England]: B. Rose, 1993.

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McLeod, T. I. Judicial review. Chicester [England]: B. Rose, 1998.

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Gordon, Richard. Judicial review. Harlow: Longman Group, 1992.

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Hadfield, Brigid. Judicial review. Belfast: SLS Legal Publications (NI), 1995.

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Gilbertson, Tristan, P. J. Radich, and Mary Scholtens. Judicial review. Wellington, N.Z.]: New Zealand Law Society, 1995.

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Michael, Supperstone, and Goudie James, eds. Judicial review. London: Butterworths, 1992.

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McLeod, T. I. Judicial review. 2nd ed. Chichester: Barry Rose Law Publishers, 1998.

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Michael, Supperstone, and Goudie James 1942-, eds. Judicial review. London: Butterworths, 1992.

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Book chapters on the topic "Judicial review"

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Bricker, Benjamin. "Judicial Review." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 3457–65. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-20928-9_1034.

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Aranson, Peter H. "Judicial Review." In The New Palgrave Dictionary of Economics and the Law, 1045–53. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_199.

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Bricker, Benjamin. "Judicial Review." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 1–8. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-31816-5_1034-1.

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Fenwick, Helen, Gavin Phillipson, and Alexander Williams. "Judicial Review." In Text, Cases and Materials on Public Law and Human Rights, 617–60. Fourth edition. | Abingdon, Oxon ; New York, NY : Routledge, 2017.: Routledge, 2020. http://dx.doi.org/10.4324/9780203593950-14.

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Chen, Xi. "Judicial Review." In A Study of Criminal Proceeding Conventions in Tang Dynasty, 275–95. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-3041-5_13.

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Herrmann, Christoph, and Patricia Trapp. "Judicial Review." In SpringerBriefs in Law, 83–89. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-25330-0_4.

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Bricker, Benjamin. "Judicial Review." In Global Encyclopedia of Public Administration, Public Policy, and Governance, 7171–79. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-66252-3_1034.

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Alder, John. "Judicial review remedies." In Constitutional and Administrative Law, 425–45. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-47492-6_19.

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Marmor, Andrei. "Randomized Judicial Review." In Democratizing Constitutional Law, 13–28. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-28371-5_2.

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"Judicial Review." In Q&A Constitutional & Administrative Law 2013-2014, 173–96. Routledge, 2013. http://dx.doi.org/10.4324/9780203083932-14.

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Conference papers on the topic "Judicial review"

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Moreira de Moura, Grégore. "Judicial Review nos Tribunais Maçônicos." In I Congresso Internacional de Direito Constitucional e Filosofia Política. Initia Via, 2015. http://dx.doi.org/10.17931/dcfp_v3_art10.

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Özkan, Gürsel. "Judicial Review of Cumulative Impact Assessment." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02273.

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In our country, there is not any domestic or international regulation regarding assessment of cumulative impacts of air pollution caused by thermal power stations in the region or environment in where the station is established. According to the Article 56 of the Constitution, everyone has the right to live in a healthy and balanced environment and it is the duty of the State and citizens to protect the environmental rights. These rights include right to live in an environment which is protected and is not damaged or polluted, in addition to social and cultural development, and the efficient use of national resources for in particular the rapid, balanced and harmonious development of industry and agriculture throughout the country, which is stated in the Article 166 of the Constitution. Cumulative impact assessment is evaluation of the effects caused by the combined results of a project or a certain project action and foreseeable past, current and future human actions. Cumulative impact assessment of thermal power stations could be possible with the determination of the combined effects of existing and licensed power stations while licensing process of a new stations. There should be an assessment regarding the place, location and type of other power stations which are already established or are planned to establish in the same city or geographic area. This requirement is crucial in terms of judicial review of licensing of new power stations which are planned to establish upon Environment Impact Assessment is Positive decision.
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Bukido, Rosdalina, Edi Gunawan, and Rahman Mantu. "Law Analysis Towards Judicial Review of Interfaith Marriage." In Proceedings of the 1st International Conference on Environmental Governance, ICONEG 2019, 25-26 October 2019, Makassar, South Sulawesi, Indonesia. EAI, 2020. http://dx.doi.org/10.4108/eai.25-10-2019.2300544.

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Guo, Xian-fang, and Jian-ming Du. "Identification, judicial review and application of blasting seismic safety." In EM 2011). IEEE, 2011. http://dx.doi.org/10.1109/icieem.2011.6035309.

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Riswanto, Eddy, and Riswadi Riswadi. "Judicial Review of the Law on Community Organisations in Indonesia." In Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.30-10-2021.2315814.

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Burton, Richard. "Judicial Review in Acts on Financial Information Access for Taxation Interest." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303657.

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Ardhanariswari, Riris, and Muhammad Fauzan. "The Implication of Judicial Review for the National Law Development in Indonesia." In 2018 3rd International Conference on Education, Sports, Arts and Management Engineering (ICESAME 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/amca-18.2018.72.

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Umar, Firman, and Muhammad Akbal. "The Dynamics Implementation of Judicial Review by the Constitutional Court in Indonesia." In Proceedings of the International Conference on Social Science 2019 (ICSS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icss-19.2019.226.

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Li, Wei. "Study on the Dilemma and Perfecting Path of Judicial Review of Administrative Agreements." In 2nd International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/iccessh-17.2017.246.

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Koritelu, Efer, and R. Ismala Dewi. "The Granting of Legal Standing to Foreign Nationals in Filing Judicial Review in Indonesia." In 3rd International Conference on Law and Governance (ICLAVE 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200321.016.

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Reports on the topic "Judicial review"

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Herbert, Sian. Judicial Corruption and Gender. Institute of Development Studies, January 2022. http://dx.doi.org/10.19088/k4d.2022.045.

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This rapid literature review explores how judicial corruption affects women and men, and lessons from policy responses to tackle it. As there is very limited literature that directly addresses these questions, this query also draws on evidence about gender and corruption (more broadly), and gender and political corruption. This paper is not comprehensive of all of the issues related to this question, but is illustrative of the most commonly discussed issues.
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Brodeur, Abel. Reproduction of 'Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice'. Social Science Reproduction Platform, January 2022. http://dx.doi.org/10.48152/ssrp-0eeh-d577.

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Haider, Huma. Constitutional Courts: Approaches, Sequencing, And Political Support. Institute of Development Studies, June 2022. http://dx.doi.org/10.19088/k4d.2022.097.

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This rapid review looks at various constitutional courts established in transitional, fragile and conflict-affected contexts—the approaches adopted, sequencing in their establishment, and experiences with political support. There are few comprehensive accounts in the literature, however, of constitutional courts and their role in judicial review in the contexts of transition and/or as key actors in ‘building democracy’ (Daly, 2017a; Sapiano, 2017). Further, scholars have tended to focus on a relatively small number of case studies from the immediate post-Cold War era, such as South Africa and Colombia (Daly, 2017a). Discussion on the sequencing and steps adopted in establishing a constitutional court in fragile and conflict-affected states (FCAS), or on incentives that have swayed political elites to support these courts, is even more limited. Nonetheless, drawing on various academic and NGO literature, including on countries that transitioned from authoritarianism, this report offers some discussion on sequencing in relation to the constitution-making process and the establishment of the courts; and general reasoning for why constitutional courts may be supported by political actors.
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Pfund, Alicia. Jurisprudence of Equality Project (JEP): Consolidated Report Based on the Evaluations in Argentina, Brazil, Chile, Uruguay. Inter-American Development Bank, August 2000. http://dx.doi.org/10.18235/0008927.

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The Jurisprudence of Equality project (JEP) trains judges and other judicial actors on the applicability of international women's rights law in domestic courts, thus enhancing their ability to treat cases of violence against women and ensuring greater protection for women's rights in the region. The purpose of this report is to distill the findings and conclusions from the JEP evaluation in Argentina, Brazil, Chile and Uruguay. This evaluation was meant to find out to which extent the project is being implemented as planned, identifying any difficulties during implementation, and ways to overcome them. It has also assessed the effect that project activities are having in achieving the project goal. Apart from document review and interviews in Washington and in the four countries visited in March-April 2000 with relevant stakeholders, the evaluation relies on two main instruments for each country: (a) a survey, applied to trainers and seminar participants. The questionnaires were designed with the close cooperation of the Washington IWJF director and the education director, as well as in consultation with other stakeholders in the field, and the IDB in Washington and Country Offices; (b) a series of focus groups carried out separately with trainers and seminar participants.
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Mutebi, Natasha. Problem-solving courts. Parliamentary Office of Science and Technology, UK Parliament, July 2023. http://dx.doi.org/10.58248/pn700.

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Problem-solving courts (PSC) are a problem-solving approach targeting the complex needs of individuals within the criminal or family justice systems. Over the last 20 years, PSC have been introduced into the UK to address the personal, social and structural factors underlying behavioural issues that often contribute to re-offending. In June 2023, the Ministry of Justice launched three courts with problem-solving components referred to as Intensive Supervision Courts (ISC). Focusing on rehabilitative outcomes, PSC combine intervention programmes with judicial oversight through regular reviews. By placing judges and magistrates at the centre of rehabilitation, PSC target individuals or families with complex needs, who might not benefit from standard court proceedings and supervision, with an aim to improve long-term life outcomes. This POSTnote provides an overview of PSC in England and Wales. It outlines different PSC and courts with PSC elements that operate within adult criminal courts, family courts and youth courts across England and Wales, drawing data from case studies in the UK and, where relevant, internationally. It also discusses potential challenges to fully implement PSC and their approaches as well as opportunities for more effective implementation of PSC across England and Wales. Key points Key elements of PSC include intensive intervention programmes, that seek to address underlying social and health issues through regular judicial monitoring and cross-governmental collaborative efforts. Several ongoing PSC and courts with PSC elements operate within adult criminal courts, family courts and youth courts across England and Wales. Although there is a substantial international evidence base, there seems to be limited evidence about the effectiveness of PSC in the UK due to inconsistent implementation and evaluation. Challenges to PSC implementation can include costs, lack of funding, limited evidence, procedural issues and lack of widespread judicial engagement. Opportunities for effective PSC implementation include use of existing resources, multi-agency partnerships, advocating for specialist services and a change in culture within the judiciary.
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Shah, Payal, Jayna Kothari, and Brototi Dutta. Ending Impunity for Child Marriage in India: Normative and Implemantation Gaps. Center for Reproductive Rights (CRR) & Centre for Law and Policy Research (CLPR), February 2018. http://dx.doi.org/10.54999/xkwa1332.

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CLPR and the Center for Reproductive Rights (CRR) have drafted a Legal and Policy Brief on Child Marriage, “Ending Impunity for Child Marriage in India: A Review of Normative and Implementation Gaps” outlining the main challenges for the implementation of the law nationally and reviewed its working in Karnataka. This brief aims to inform activists, policymakers, lawyers, and the judiciary of the key challenges and makes recommendations relating to legal reform, better implementation of the PCMA ensuring accountability and promoting access to justice for girls in child marriages.
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Khan, Mahreen. The Role of Clans in Moldova in Politics and Economics. Institute of Development Studies, May 2022. http://dx.doi.org/10.19088/k4d.2022.116.

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Moldova’s politics, economy, justice system and media are increasingly dominated by a powerful group of elites, led by oligarchs - a new breed of businessmen-politicians who have emerged in the past decade - controlling strategic sectors of the economy and finance, hijacking the political system, taming the judiciary and acquiring monopolistic control of mass media, to promote and protect their vast business empires. Alongside traditional clan, kinship and patronage networks these elites exert influence through informal politics , shaping Moldova’s politics and economy, often hindering reforms for democratisation, rule of law, meritocracy and transparency. This helpdesk report looks at the nature and role of clans in Moldova in the country’s politics and economy. This literature review utilises academic as well as grey sources, research papers, media and blogs published mainly in the past ten years. The sources reveal a paucity of Moldova centric material, especially on the sub-issue of clans, but much more literature is available on the role of informal politics and state capture by elites, especially oligarchs, in Moldova. The evidence found did not address gender and disability issues.
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Relationship Between ‘Civil Society’ and ‘Democratic Freedoms’. Institute of Development Studies, June 2022. http://dx.doi.org/10.19088/k4d.2022.086.

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Notwithstanding the point that definitions of ‘civil society’ and ‘democracy’ are themselves actively debated, this rapid review defines democracy as ‘liberal democracy’, which goes beyond elections to include liberal components such as equality before the law, individual liberties, rule of law, and independent judiciary and legislature that constrains the executive (Grahn and Lührmann, 2020, p.8). Civil society is defined as “an organizational layer of the polity that lies between the state and private life composed of voluntary associations of people joined together in common purpose” (Coppedge et al. 2016, p.413). Thus, this rapid review seeks to find out what evidence is there on the relationship between civil society and democratic freedoms? The overall sense from the vast array of literature that looks at the relationship between civil society and democratic freedoms is that civil society is important for democracy, but there is no “automatic flow” from one to the other. Rather, the relationship is contingent on the nature of civil society, in addition to other dynamic, context-specific factors. Most of the evidence found during this rapid review was in studies that break down this broad topic into smaller sub-questions. They tended to be case studies that look at specific elements of ‘democratic freedoms’ (e.g., human rights, or anti-corruption), focus on specific countries, or were related to specific mechanisms (e.g., collective action) or processes (e.g., democratic regression). Each of these sub-topics is itself a large and contested area of research. According to some scholars, these case studies are overwhelmingly positive about civil society’s relationship to liberal democratic norms and practices. Some studies show that democratic regression occurs where the demands of a highly mobilised civil society cannot be effectively channelled by the party system or occur in contexts characterised by ethnic and regional differences or socio-economic inequalities.
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