..., distribution, and reproduction in any medium, provided the original work is properly cited. Abstract This article explores the paradoxes between judicialization and de-judicialization in the reform of Investor-State Dispute Settlement (ISDS). It critically assesses reform proposals from four dimensions...

... nacionales, la creación o fortalecimiento de tribunales constitucionales, las deficiencias de los sistemas sanitarios, la transformación de la dogmática jurídica o la creación de estructuras para el apoyo al litigio, entre los más destacados. ⁴ Health judicialization Judicial function legal...

... of justification in several cases and the absence of judicial control that could counterweight the executive power, echoing criticisms raised by Mapuche activists that the state of catastrophe was put in place by the executive branch to reinforce the militarization of the Araucanía region, rending...

...In the Dutch constitutional tradition, political and judicial institutions are separated. Mutual respect for each other’s constitutional roles have characterized the relationship between parliament and government on the one hand and the judiciary on the other. Recently, this relationship has become...

...This article argues that the story of the ‘judicialization’ of British politics is to some extent a story of paradox and contradiction, in which outstanding questions remain on each of the three issues of effectiveness, legitimacy, and accountability. The ‘concept of the rule of law’ was a source...

... of Thailand's judicial politics: from the contentious April 2006 general election, until the passing away of King Bhumibol Adulyadej in October 2016. This was the era of tulakanphiwat, most commonly translated as “judicialization”: an era when the courts were apparently given a special...

... relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization...

...This chapter introduces some basic characteristics of the Greek judiciary and its role in Greek politics. The first part offers an overview of the building blocks of the Greek judiciary in comparative perspective. The focus here is on the judicial review of constitutionality, one of the major gates...

... decentralization horizontal pathways of precarity rights based approaches state vertical pathways of precarity AZT azidothymidine court actions GPV Grupo Pela Vidda International AIDS Conferences judicial system judicialization of right to health legislative developments solidarity ABIA Associação...

... of political or legislative pushback. Martinsen s book, however, hones in on this less-closely studied arena of EU legislative and executive responses to European Court rulings. Her inquiry is, thus, as much into the question of how political action can curtail judicial impact as into how judicial decisions...

... 1 1 Judicialization and Arbitral Governance This book focuses on the evolution of arbitral governance in the realms of transnational commerce and investment. The development of international arbitration as an autonomous legal order connected to, but meaningfully autonomous from, state systems c...

... meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU...

...Advances the thesis that legislative processes are increasingly influenced by constitutional judges and the discursive practices of constitutional adjudication. Parallel to this process, the ordinary judiciary has been carving out wide‐ranging powers of judicial review for itself, seeking to alter...

... Islamic State of Iraq and Syria ISPR Inter-Services Public Relations JCP Judicial Commission of Pakistan JI Jamaat Islami JIT Joint Investigation Team JM Jash Muhammad JSQM-A Jiye Sindh Qomi Movement JuD Jamat ud Dawah JUI-F Jamiat Ulema Islam (Fazlur Rehman) JUI-S Jamiat Ulema Islam (Samiul Haq) JUP...

.... The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the ‘judicialization’ of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the ‘rights revolution’ in the EU; delegation, agency, and trusteeship...

... to as the “judicialization of health.” Biehl chronicles how some Brazilian poor have turned to suing the government to claim their right to access newer medical technologies, often expensive proprietary pharmaceuticals that otherwise would be beyond their reach. This in turn shifts public understanding of the state’s role...

...This chapter evaluates the use of technologies of power in Syria since the Ba'th coup in 1963 until the uprising that started in March 2011 with regards to its judicial system. The legal profession of Syria has found itself on the losing side in the country's changing political and economic...

...This chapter reviews Just War thinking from ancient times to the late twentieth century, engaging with the problematic phenomenon of the ‘judicialization’ of war. The phenomenon emerges from the application of the laws of war and international humanitarian law to the conduct of armed operations...

...The growing interdependence between law‐making and constitutional judging is explored, proceeding from the view that constitutional courts ought to be conceptualized as specialized legislative organs. Judicialization also engenders and institutionalizes new modes of legislative discourse...

... Bickel A centralization classical triad classifications constitutionality finality governance judicial review legislation Shapiro C specialization supranational review Tocqueville Alexis de United States constitutional courts decentralization federalism judicialization Kelsen H legal...