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Judicial opinion

About: Judicial opinion is a research topic. Over the lifetime, 5300 publications have been published within this topic receiving 64803 citations.


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01 Jan 1996
TL;DR: The World Bank has a number of projects in judicial reform under implementation and preparation and has found that there exists a need to define the elements of an overall judicial reform program which can be adapted given country-specific needs as discussed by the authors.
Abstract: The World Bank has a number of projects in judicial reform under implementation and preparation and has found that there exists a need to define the elements of an overall judicial reform program which can be adapted given country-specific needs. This paper offers a coherent approach to judicial sector projects with which to assist governments from around the world. It proposes a program for judicial reform which specifically addresses the monopolistic nature and resultant inefficiency and inequity of court services, as well as the economic and legal causes behind them. The basic elements necessary to ensure an efficient judiciary are discussed. They include measures to guarantee judicial independence through changes in judicial budgeting, judicial appointment, and court administration; providing alternative dispute resolution mechanisms; enhancing the public's access to justice; incorporating gender issues in the reform process; and redefining legal education and training programs for students, lawyers and judges.

62 citations

Journal ArticleDOI
01 Jun 2001
TL;DR: In this paper, the authors explore the significance of discrepancies between the lists of human rights that emerge from two authoritative sources, namely, declarations, conventions, covenants, charters, and judicial decisions.
Abstract: The best philosophical account of human rights regards them as protections of the values we attach to human agency. The international law of human rights is embodied in a large number of declarations, conventions, covenants, charters, and judicial decisions. There are many discrepancies between the lists of human rights that emerge from these two authoritative sources. This lecture explores the significance of these discrepancies.

61 citations

Journal ArticleDOI
TL;DR: In this article, the authors look at forty-two decisions in civil pollution cases in China as a window onto judges' political logic and the accompanying implications for environmental enforcement, highlighting shifting judicial strategy.
Abstract: This article looks at forty-two decisions in civil pollution cases in China as a window onto judges’ political logic and the accompanying implications for environmental enforcement. The starting point is a typology of judicial decision making in one-party states based on two dimensions of decisions: the degree of legal formality (e.g., how closely judges adhere to the letter of the law) and individual autonomy (e.g., judges’ power to make decisions in individual cases). Mapping pollution decisions onto this typology highlights shifting judicial strategy. While Chinese judges typically comply with instructions when the political pressure is dialed up, a combination of shifting incentives, uncertainty about the law, and political ambiguity can also allow de facto discretion in low-profile, run-of-the-mill cases. Everyday cases tend to cluster under the rubric of “rough justice” in which judges weigh competing political priorities and aim for a livable compromise that dents but upholds the status quo. This sample of cases also shows judges occasionally innovating at the margins by offering new legal interpretations or validating new types of claims. Although Chinese courts remain weak tools for environmental protection, limited innovation suggests that they can help nudge along local incremental social change.

61 citations

Posted Content
TL;DR: The authors presented a model of judicial decision making in which the judge overweights the salient facts of the case and the context of the judicial decision, which is comparative by nature, shapes which aspects of a case stand out and draw the judge’s attention.
Abstract: We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge’s attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can affect judicial decisions. Our model accounts for a range of recent experimental evidence that bears on the psychology of judicial decisions, including anchoring effects in the setting of damages, decoy effects in choice of legal remedies, and framing effects in the decision to litigate. The model also offers a new approach to positive analysis of damage awards in torts.

61 citations

Journal ArticleDOI
TL;DR: One of the purposes of investor/State arbitration is to avoid the use of local courts as discussed by the authors, which is why international investment arbitration dispenses with the requirement to exhaust local remedies, at least in principle.
Abstract: One of the purposes of investor/State arbitration is to avoid the use of local courts. Litigation in the host State’s domestic courts is often seen as lacking the objectivity that the investor desires. In addition, domestic courts are often bound to apply domestic law even if that law falls short of the standards provided by international law. The traditional international remedy in investor/State disputes is diplomatic protection. But diplomatic protection is contingent upon the exhaustion of local remedies. It does not free the investor from going to the host State’s courts. First going to the local courts of the host State meant delay and additional expense to the investor. But it also carried disadvantages for the host State. Public proceedings in the domestic courts are likely to exacerbate the dispute and may affect the host State’s investment climate. Once the host State’s highest court has made a decision, it may be more difficult for the government to accept compromise or a contrary international judicial decision. The Preamble to the ICSID Convention states that “while such [investment] disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases.” It is for these and other related reasons that international investment arbitration dispenses with the requirement to exhaust local remedies, at least in principle. Article 26 of the ICSID Convention specifically does away with this traditional requirement “unless otherwise stated”.

61 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202314
202242
202196
2020160
2019174
2018176