Antecedents of trust in the judiciary: between fair process and high satisfaction
In: International public management journal, Volume 24, Issue 2, p. 250-268
ISSN: 1559-3169
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In: International public management journal, Volume 24, Issue 2, p. 250-268
ISSN: 1559-3169
SSRN
Working paper
In: Comparative studies in society and history, Volume 55, Issue 3, p. 603-633
ISSN: 1475-2999
AbstractThis essay concerns transformations in the judicial apparatus involved in implementing Islamic law (syariah/shari'a) in Malaysia, a Muslim-majority nation in Southeast Asia. Three of my goals are to delineate some of the empirical complexities of thesyariahjudiciary's day-to-day operations and the mutually contradictory directions in which it is moving; to problematize the widely invoked trope of Islamization as a gloss for these phenomena; and to illustrate that this judiciary is profitably viewed as a global assemblage (Deleuze and Guattari 1987; Ong and Collier 2005). Another, more general, objective is to elucidate some of the ways that religion, law, and attendant phenomena are being bureaucratized, rationalized, corporatized, and otherwise transformed in an increasingly globalized world.
A number of landmark judicial review decisions and the resultant political backlash are arguably to supportive of the claim that political and legal constitutionalism are entrenched in South Africa. The common thread in the legislature and executive's reaction to judicial review decisions is that government supremacy is under threat from legal constitutionalism. More specifically, there is a perception that courts are meddling in the political space through judgments that are aimed at weakening the government's authority and power. Nonetheless, such decisions have had an effect of reinforcing the judiciary's legal constitutional role of reviewing the lawfulness of the other branches' activities. There is need for strategies to minimize this tension as the continued antagonism can have unintended consequences such as the delegitimisation of the judiciary.Keywords: Judicialisation; political constitutionalism; legal constitutionalism; judiciary; executive; constitution; government; politicisation.
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In: Katálysis: revista, Volume 26, Issue 2, p. 267-277
ISSN: 1982-0259
Abstract Faced with the precariousness of social policies, which impacts the conditions of the family to exercise its protective function, the judicialization of mental health demands becomes one of the mechanisms used to guarantee rights. In view of this, we aimed to discuss the sharing of responsibilities between the family of the subject in psychological distress and the State, based on the demands of compulsory internment that reach the Brazilian judiciary. This is a documental research in which 23 judgments were analyzed, which were processed between 2001 and 2017, in the second instance of the Paraná State Court of Justice. As results, we highlight that by individualizing and reducing collective demands, the judiciary configures itself as a functional apparatus to the capital in crisis, based on the discourse of legal equality. The primacy of the individual is also evident in the few mentions of families, taken as informants of the condition of the user, their inclusion in the service offered by the network is superficial.
In: Politics & policy, Volume 26, Issue 3, p. 655-679
ISSN: 1747-1346
The question of who dominates the bureaucracy has been the subject of much political science research for the past two decades. The role that the judiciary plays in bureaucratic control has generally been neglected, although statistics show overwhelming compliance by federal agencies with court rulings. This paper examines the reason for the overwhelming compliance by the bureaucracy with court decisions. First, a decision theoretic model is used to find out what factors influence compliance. The insight of this model points to the decision ratio of the majority as the most important factor. This is then tested empirically using a random sample of administrative law cases. The empirical test generally supports the conclusion of the decision theoretic model.
In: State and Local Government Review, Volume 38, Issue 3, p. 176-190
ISSN: 1943-3409
A letter report issued by the General Accounting Office with an abstract that begins "Pursuant to a congressional request, GAO determined: (1) whether the demand for recalled magistrate and bankruptcy judges has exceeded the number of judges available to serve in recalled positions; (2) whether the courts that recalled judges had judgeship vacancies or higher than average weighted case filings; and (3) the approximate 1-year cost savings associated with using a recalled judge rather than filling a full-time judgeship position."
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In: East European politics, Volume 29, Issue 3, p. 358-375
ISSN: 2159-9165
World Affairs Online
In: http://hdl.handle.net/2027/uiug.30112021983330
"Represents the views of the Administration with regard to the patent reform measures now pending before the Congress." ; Mode of access: Internet.
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In: Africa today, Volume 62, Issue 2, p. 45-69
ISSN: 0001-9887
World Affairs Online
In: Political research quarterly: PRQ ; official journal of the Western Political Science Association and other associations, Volume 55, Issue 3, p. 589
ISSN: 1938-274X
In: Polity, Volume 39, Issue 1, p. 103-124
ISSN: 1744-1684
In: Hearing before the Judicial Conference of the United States Committee on Judicial Conduct and Disability and Committee on Codes of Conduct, October 30, 2018
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