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…
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…
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…
"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…
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 institution…
A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.