It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handling them substantial powers of judicial review. This title provides a thorough analysis of those claims, introducing the theory of delibe…
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handling them substantial powers of judicial review. This title provides a thorough analysis of those claims, introducing the theory of delibe…
"Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. T…
The law struggles to address the constitutional challenges of the algorithmic society. This book is for scholars and lawyers interested in the intersections of law and technology. It addresses the challenges for fundamental rights and democracy, the role of policy and regulation…
Constitutional challenges in the algorithmic society
Constitutional challenges in the algorithmic society
"Technologies have always led to turning points for social development. In the past, different technologies have opened the doors towards new phase of growth and change while influencing social values and principles. Algorithmic technologies fit within this framework. Although t…
Constitutional challenges in the algorithmic society
"Technologies have always led to turning points for social development. In the past, different technologies have opened the doors towards new phase of growth and change while influencing social values and principles. Algorithmic technologies fit within this framework. Although t…
Argumentação jurídica e teoria do direito
"The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutio…