Browsing LAW Working Papers by Subject "Judges"

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Browsing LAW Working Papers by Subject "Judges"

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    Title: Making Sense of Judicial Lawmaking: a Theory of Theories of Adjudication  Author(s): DYEVRE, Arthur Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: Engaging with the literature on courts and judicial politics, this article argues that one should distinguish between three theoretical approaches to adjudication and, correspondingly, three families of theories of ...
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    Title: Rights and Moral Reasoning: An Unstated Assumption  Author(s): SADURSKI, Wojciech Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Both the defenders and critics of judicial review assume tacitly that there is a special moral capacity needed for a correct articulation of constitutional (explicit or implied) rights, and they only disagree about who ...