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How 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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Minimalism, Law, Ideology, and the Public Impact of the Supreme Court by Netta Barak Corren, Noam Shlomai Kunitz :: SSRNFor many decades, researchers sought to understand whether courts influence public opinion and what factors moderate or intensify such influence. In this study,
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The Dearth of Comparative Law Courses in the Curriculum: Implications for Practice and What Law Librarians Can Do About It by J S Liptrap :: SSRNCommentators often lament that the American legal curriculum does not adequately focus on comparative law teaching, and that this reality has important adverse
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What's In A Name?: Magistrate (Judges) in Comparative Perspective by Trace Maddox :: SSRNThis short article examines the origins - at least etymologically - of the modern magistrate and the many positions around the world and through history that ha
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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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Politics and Justice at the International Criminal Court by Richard H. Steinberg :: SSRN
The International Criminal Court (ICC) is a legal institution embedded in international politics. Politics shaped the Rome Statute of the ICC, which is rooted i
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<p><span>Comparative Study on Legal Systems: The Role of Advocacy In Access To Justice</span></p> by Stella Chikwendu :: SSRN
This research paper examines the role of advocacy within different legal systems and its impact on access to justice. By comparing common law and civil law syst
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With No Reason: Allowing Courts to Decide Cases Without Explaining Their Decisions by Eyal Zamir :: SSRNThere is broad consensus that there are features of adjudication from which no deviation should be allowed—the quintessential one being the requirement that jud
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Law by Design Obligations:The Future of Regulating Digital Technologies in Europe? by Christian Djeffal :: SSRNLaw by design obligations represent a dynamic and emerging regulatory approach increasingly prominent in European digital technology regulation. Originating in
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EU Accession to the ECHR: when, how and implications by Tobias Lock :: SSRNThe European Union’s (EU) accession to the European Convention on Human Rights (ECHR) has been under discussion for more than 40 years. After the Court of Justi
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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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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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