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In this chapter prepared for a book commemorating the scholarly career of Mark Tushnet, my point of departure is Tushnet's claim that the globalization of const
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AI-ASSISTED JUDICIAL DECISIONS IN EUROPEAN CIVIL JUSTICE by Argyro Amidi, Anastasios Giannopoulos, Panagiotis Trakadas :: SSRN
As World Economic Forum has stated about Artificial Intelligence 1 , 2 , characterised often as the Fourth Industrial Revolution, "the speed, breadth and d
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Huis clos: from Latin ostium to French huis by Irina Ulianova, Nataliya Marshalok :: SSRNOur research presents the etymology of the French word huis and its derivatives. The use of the phraseological expression huis clos as the term closed trial in
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Magna Carta and the Origins of Legislative Power by Matthew J. Steilen :: SSRN
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Standards vs Rules in the U.S. Recognition and Enforcement of Foreign Country Judgments: Prospects for the Future by Linda Silberman :: SSRNThis article is an update of one of the ten lectures I delivered remotely and asynchronously in my summer 2021 Hague Academy General Course in Private Internati
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The Right to Strike in International law amid Legal Challenges: Exploring Alternatives to ILO Convention No. 87 –The International Court of Justice (ICJ) is currently evaluating whether Convention No.87 of the International Labour Organization (ILO) safeguards the right of trade unions to engage in collective action, specifically the right to strike. This inquiry follows a request for an advisory opinion by the ILO, after the employer representative walkout in 2012 and subsequent […]
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Experimental Comparative Law 2.0? Large Language Models as a Novel Empirical Tool by Christoph Engel :: SSRNAn empirical approach to comparative law is challenging: neither are jurisdictions independent, nor can observational data isolate the causal effect of differen
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The Concept of the Standard of Civilization in International Law by Tamás Hoffmann :: SSRNArticle 38 (1) (a) of the Statute of the International Court of Justice lists as one of the sources applied by the Court ‘the general principles of law recogniz
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How to Investigate a Constitutional Culture? The Case for the Focus Group Method in Comparative Constitutional Studies by Eoin Carolan, Silvia Gagliardi, Daniela Rodriguez Gutierrez :: SSRNThis article makes the case for the use of focus groups as a method with particular relevance to the field of comparative constitutional studies. The article be
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How to Investigate a Constitutional Culture? The Case for the Focus Group Method in Comparative Constitutional Studies by Eoin Carolan, Silvia Gagliardi, Daniela Rodriguez Gutierrez :: SSRN
This article makes the case for the use of focus groups as a method with particular relevance to the field of comparative constitutional studies. The article be
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Are Rights of Judges Becoming Rule of Law Standards in Europe? by Bianca Gutan :: SSRN
Recent examples from the case law of the European Court of Human Rights as well as of the Court of Justice of the European Union show that the situation of judi
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Comparative Constitutional Law: Reflection on a Field Transformed by Ran Hirschl :: SSRN
Over the last two decades, comparative constitutional inquiry has witnessed tremendous intellectual renaissance. The scholarly pursuits of Mark Tushnet reflect
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Decolonial Constitutionalism by Richard Albert :: SSRN
The American Declaration of Independence kindled the first successful decolonial movement in the modern world, culminating in the enactment of the United States
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Seeing "The Courts": Managerial Judges, Empty Courtrooms, Chaotic Courthouses, and Judicial Legitimacy from the 1980s to the 2020s by Judith Resnik :: SSRN"The Courts": Managerial Judges, Empty Courtrooms, Chaotic Courthouses, and Judicial Legitimacy from the 1980s to the 2020s
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The Crisis of Judicial Review by Jeremy Waldron :: SSRNHow much power should the judiciary have in a modern democratic society? Should judges have the authority to strike down legislation? This has long been a subje
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When Should Courts Invalidate Constitutional Amendments? by Amal Sethi :: SSRN
Courts having the ability to invalidate procedurally correct constitutional amendments for violating core democratic or constitutional values is a growing pract
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Which Constitutional Provisions are Most Important? by Richard Albert, Netta Barak Corren, Daniel M. Brinks, Adam Chilton, Rosalind Dixon, Zachary Elkins, Tom Ginsburg, Ran Hirschl, David Landau, A...
National constitutions codify provisions on a wide range of topics, ranging from presidential term limits to the country’s flag. But are all constitutional prov
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Predicting Legal Systems: An Artificial Neural Network Approach with Statistical Analysis for Comparative Study of Cival Law and Common Law by Abhishek Pandey, Jaykumar Joshi :: SSRNThis study compares countries with common law with countries with civil law systems and investigates the possibility of predicting legal systems using artificia
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A Universal Declaration of AI Rights by Bill Tomlinson, Andrew W. Torrance :: SSRNAs AI systems approach and potentially surpass human-level capabilities, the legal community, and human society more generally, must grapple with fundamental qu
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Direct-to-Public Digital Legal Tools in Canada: A 2023 Update by Amy Salyzyn, shannon stroud :: SSRN
This document reports on an inventory of digital tools available to be used by the Canadian public to address legal needs, problems and questions. In total, 118
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Addressing the Failures of the U.S. Civil Legal System by Lois R. Lupica :: SSRN
When people seek and receive legal counsel from community advisors, attorneys, family, friends, mental and physical health professionals, agency staff, limited
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Precedent and Overruling in the UK Supreme Court by Andrew Burrows :: SSRN
This paper examines questions that are fundamental to the doctrine of precedent and are therefore of central importance to how law operates in the UK. These inc
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The Central Role of Procedure in A Rule of Law Crisis by Elizabeth Lee Thompson :: SSRN
Scholars have long debated the substance and scope of the procedural aspects of the rule of law-meaning the procedural rights that the rule of law protects. To
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Transcultural Courts
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