Journal ArticleDOI
Agencification and the administration of courts in Israel
TLDR
In this article, the authors conduct an empirical study of an organ that has attracted little attention: the Director of Courts in Israel, an administrative entity that "manages" the judiciary.Abstract:
To shed a realist light on court administration and the regulation of judges in liberal-democratic countries, we conduct an empirical study of an organ that has attracted little attention: the Director of Courts in Israel – an administrative entity that “manages” the judiciary. In important respects, the Director may be regarded as a regulator of judges, thus assessment of judicial independence in Israel is incomplete without recognizing its presence. The institution of the Director has undergone agencification, which entailed augmentation of its capacities and an evolution in mindset regarding the implementation of these capacities. As a result, its powers, mode of operation, and organization have fundamentally transformed over time, as has the regulatory terrain within which judges conduct their business. By introducing novel indicators for assessment and applying them in an unfamiliar context, this paper offers important theoretical contributions to studies of the regulation and administration of courts and judges, and agencification.read more
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Towards Juristocracy: The Origins and Consequences of the New Constitutionalism
TL;DR: Hirschl as discussed by the authors considers recent transfers of power to judiciaries to be unprecedented in their breadth and scope, features of what the author describes as "the new constitutionalism".
Posted Content
Modes of Regulatory Enforcement and the Problem of Administrative Discretion
TL;DR: In this paper, the authors identify specific factors relevant to evaluating the wisdom of granting ex ante enforcement authority to an agency, and then apply to the resulting framework to evaluate a number of existing regulatory regimes.
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Beyond Principal-Agent Theories: Law and the Judicial Hierarchy
TL;DR: In this article, the authors argue that traditional principal-agent models fit poorly the relationship between the lower federal courts and the Supreme Court, and instead, they propose to view the law as the joint product of the Supreme court and lower courts.
Posted Content
Court Governance: The Challenge of Change
TL;DR: In this article, the authors argue that the overworked and overburdened individual judges are not in an effective position to initiate meaningful and systematic improvements in the quality of the administration of justice, without a supporting judicial institution that would assist the courts in achieving a greater degree of organisational quality, efficiency, responsiveness and integration.
References
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Journal ArticleDOI
The use of knowledge about society
TL;DR: In this article, the authors argue that political competition fails to inform constituents of the costs of forgone political alternatives, which prevents the adoption of welfare enhancing reforms of public institutions and policies.
Book
The choices justices make
Lee Epstein,Donald Jack Knight +1 more
TL;DR: The Choices Justices make: A strategic account of the Supreme Court's decision-making process is presented in this paper, where the authors show that justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act.
Journal ArticleDOI
The Global Diffusion of Regulatory Agencies: Channels of Transfer and Stages of Diffusion
TL;DR: In this article, the authors explore the role of countries and sectors as sources of institutional transfer at different stages of the diffusion process and demonstrate how the restructuring of national bureaucracies unfolds via four different channels of transfer.
Journal ArticleDOI
Does De Jure Judicial Independence Really Matter
James Melton,Tom Ginsburg +1 more
TL;DR: The relationship between de jure and de facto judicial independence is much debated in the literature on judicial politics as discussed by the authors, and some studies find no relationship between the formal rules governing the structure of the judiciary and judicial independence, while others find a tight correlation.