Majority opinion
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Judicial Reasoning and Review in the Indonesian Supreme Court Open
This article describes and critiques the judicial reasoning of Indonesia’s Supreme Court, through the lens of the Court’s reviews of subnational laws during 2011–17. The resulting picture is a negative one. Most of the Court’s decisions we…
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CONVERTING THE ‘RIGHT TO LIFE’ TO THE ‘RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA’: AN ANALYSIS OF<i>CARTER V CANADA</i>(<i>ATTORNEY GENERAL</i>)<i>,</i>SUPREME COURT OF CANADA: Table 1. Open
In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to…
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A decade-long longitudinal survey shows that the Supreme Court is now much more conservative than the public Open
Significance Leveraging three unique surveys collected over a decade that ask members of the public about the policy issues before the US Supreme Court, we show how the court stands relative to the public. As we demonstrate, the court has,…
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The Court of Justice of the European Union in the Twenty-First Century Open
I INTRODUCTION Where a court stands depends on where that court sits. External context generally shapes the law and politics of judicial institutions. For any court, key contextual factors may include, for instance, political actors and in…
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The Pragmatic Court: Reinterpreting the Supreme People’s Court of China Open
This Article examines the institutional motivations that underlie several major developments in the Supreme People’s Court of China’s recent policy-making. Since 2007, the SPC has sent off a collection of policy signals that escapes sweepi…
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Public Perceptions of the Supreme Court: How Policy Disagreement Affects Legitimacy Open
It is widely agreed that dissatisfaction with Supreme Court decisions harms the Court’s standing among the public. However, we do not yet know how or why Court performance affects legitimacy. We examine the role that mass perceptions of th…
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The Supreme Court's Political Docket: How Ideology and the Chief Justice Control the Court's Agenda and Shape Law Open
The Supreme Court is unique among federal courts in that it chooses—using the writ of certiorari—which cases it will decide. Justice Brennan once noted that this discretionary power is “second to none in importance.” This article examines …
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The Forgotten Issue? The Supreme Court and the 2016 Presidential Campaign Open
This Article considers how presidential candidates use the Supreme Court as an issue in their election campaigns. I focus in particular on 2016, but I try to make sense of this extraordinary election by placing it in the context of preside…
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A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING Open
The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are…
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Democratizing the Supreme Court Open
Progressives are taking Supreme Court reform seriously for the first time in almost a century. Owing to the rise of the political and academic left following the 2008 financial crisis and the hotly contested appointments of Neil Gorsuch an…
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Urgenda: the Final Judgment of the Dutch Supreme Court Open
The final verdict to the Urgenda case provided by the Dutch Supreme Court has been called a victory in the fight to limit climate change and a milestone in public interest litigation, at least in the Netherlands. As a consequence, the Dutc…
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Rigid rules and slippery standards: How the nature of U.S. Supreme Court precedents influences subsequent state court treatments Open
Objective This research develops a new theoretical framework that explains how the U.S. Supreme Court's decision between a rigid rule and a flexible standard influences compliance with the decisions of state high courts over time. Methods …
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Measuring Constitutional Case Salience in the Indian Supreme Court Open
In recent years, the Indian Supreme Court has begun deciding many important constitutional cases in small benches, as opposed to benches of five or more judges - as the Constitution requires. In the context of the large docket of the India…
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Active or Passive: The National Judges' Expression of Opinions in the Preliminary Reference Procedure Open
What motivates national judges to be either active in the preliminary reference procedure by expressing opinions in the requests they send to the Court of Justice or passive by not voicing their views? This Article sheds light on how natio…
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Application of the Clause of the Good of the Child: Reflections Inspired by the Decision of the Supreme Court on the Creation of Foster Families Open
The article concerns the good of the child clause. Once the sense of the clause was specified, the focus of the article was shifted onto the issue that is closely related to the practice of judicial decisions undertaken by courts, namely t…
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Court-Packing: An American Tradition? Open
This Article provides the first comprehensive and conceptual account of all increases and decreases to the Supreme Court’s size. In today’s debate over court-packing, proponents assert and opponents concede that there is ample precedent fo…
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From a potentially powerful to a polarised court: the emergence of dissenting opinions on the Croatian Constitutional Court Open
One of the most important aspects of making the 1990 Croatian Constitutional Court was the 'establishment of an independent and potentially powerful' court. For the first time since 1963, the Court obtained full powers of judicial review. …
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Is the US Supreme Court a reliable backstop for an overreaching US president? Maybe, but is an overreaching (partisan) court worse? Open
The Roberts Court has been called the most “___” Court in history, with many different adjectives being offered. Surprisingly, our study of voting data from Supreme Court terms 1937–2021 shows that the Roberts Court is the most “anti‐presi…
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The legitimacy‐conferring capacity of constitutional courts: Evidence from a comparative survey experiment Open
Can constitutional court decisions shape public opinion on a governmental policy? Previous studies have focused on the US Supreme Court, which enjoys a high degree of public support as the major resource of power for courts. In this study,…
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Crimmigration and the Void for Vagueness Doctrine Open
Since the Supreme Court’s 2015 decision in Johnson v. United States, a federal sentencing decision holding that the residual clause of the Armed Career Criminal Act was void for vagueness, the vagueness doctrine has quietly and quickly exp…
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The Comparative Law Method and the European Court of Justice: Echoes Across the Atlantic† Open
The purpose of this contribution is to examine some salient applications of the comparative law method in the jurisprudence of the European Court of Justice in light of relevant case law of the U.S. Supreme Court involving recourse to fore…
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The Curious Incident of the Supreme Court in Myriad Genetics Open
Often what is not said is as significant as what is said. In its recent Myriad Genetics decision, the United States Supreme Court is curiously silent about the relationship between its holding in that case and the holding in its immediatel…
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Has the Supreme Court become just another political branch? Public perceptions of court approval and legitimacy in a post- <i>Dobbs</i> world Open
Have perceptions of the U.S. Supreme Court polarized, much like the rest of American politics? Because of the Court’s unique role, for many years, it remained one of the few institutions respected by both Democrats and Republicans alike. B…
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Lobbying and the Petition Clause Open
Contrary to popular opinion, the Supreme Court has not yet resolved whether lobbying is constitutionally protected. Belying this fact, courts, Congress, and scholars mistakenly assume that lobbying is protected under the Petition Clause. B…
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Values and Valuations in Judicial Discourse. A Corpus-Assisted Study of (Dis)Respect in US Supreme Court Decisions on Same-Sex Marriage Open
This paper investigates the role of (DIS)RESPECT a value premise in two landmark civil rights cases given by the United States Supreme Court. It adopts a corpus-assisted approach whereby a keyword analysis and the analysis of key semantic …
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The Supreme Court's Overruling of Constitutional Precedent Open
This report examines how the Supreme Court determines whether to overrule its prior decisions on questions of constitutional law. It provides an overview of the doctrine of stare decisis, under which a court generally follows rules adopted…
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Court Packing as an Antidote Open
Court packing is considered the nuclear weapon that may unleash total chaos on the American constitutional system. Even in the face of a highly controversial appointment process to the U.S. Supreme Court during the 2020 presidential electi…
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The Supreme Court at the Bar of Public Opinion Polls Open
The idea that the American Supreme Court requires public support to function properly is not an inherent timeless truth. It has history. Currently, those who view it as a timeless truth use the famous dictum from The Federalist No. 78 to a…
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The Supreme Court's Legitimacy Dilemma Open
The past few years have not been good for the Supreme Court. In the wake of divisive confirmation battles, there are cries that the Court is no longer a “legitimate” institution and growing calls for court-curbing measures like jurisdictio…
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Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Analysis of Opinion 2/13 of the European Court of Justice Open
On the 18th of December 2014, the Court of Justice of the European Union delivered the historic Opinion 2/13, where it ruled that the draft agreement on the accession of the European Union to the European Convention for the Protection of H…