Tag: Judicial deference
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Hercules Leaves (But Does Not Abandon) the Forum of Principle: Courts, Judicial Review, and COVID-19
—Vicente F. Benítez R., JSD candidate at NYU School of Law and Constitutional Law Professor at Universidad de La Sabana* Introduction Several analysts have warned about the sudden concentration of power in the hands of chief executives in the wake of the COVID-19 situation.
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Towards an Anti-Bully Theory of Judicial Review
—Yaniv Roznai, Harry Radzyner Law School, Interdisciplinary Center (IDC) Herzliya * In an environment of democratic erosion, courts are under political pressure. Populist projects of constitutional change modify the rules for appointment and jurisdiction of bodies like constitutional courts in an attempt to weaken their independence, pack them and even capture them.
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One Step Forward, Two Steps Back? Constructive res judicata in Malaysian Constitutional Cases
Special Series: Perspectives from Undergraduate Law Students LL.B. Student Contribution –Shukri Ahmad Shahizam, LL.B. Candidate, London School of Economics In a long-awaited judgement with large ramifications on cases throughout the country the apex court in Malaysia, the Federal Court, has thrown a spanner into the works of constitutional challenges against restrictions on fundamental freedoms.