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When courts undermine the rule of law


When courts undermine the rule of law - GIS Reports

European Union and national courts are increasingly being used for political and activist purposes, posing risks to their independence.

Threats to the Rule of Law Posed by the Supreme Court's 2023 Term

The Major SCOTUS Cases: Threats to the Rule of Law Posed by the Supreme Court's 2023 Term · Demand Term Limits for Supreme Court Justices.

The Supreme Court, Gerrymandering, and the Rule of Law

Common Cause in 2019, that any federal constitutional challenge to a district map, based on the theory that it is a partisan gerrymander, ...

Threats to Judicial Independence and the Rule of Law

Remarks from Judge Paul L. Friedman, The Eleventh Annual Judge Thomas A. Flannery Lecture, Wednesday, November 6, 2019.

The Supreme Court's majority: Undermining the rule of law with ...

Black's Law Dictionary defines “legal fiction” as, “Believing or assuming something not true is true.” It says legal fictions are, “Used in ...

Previewing the 2024 Supreme Court Term: The Continuing Attack ...

The Supreme Court will continue to hear cases this term that could roll back Americans' rights and undermine protections for workers, public health, and the ...

The global assault on rule of law | International Bar Association

By attacking the independence of the judiciary, populist political leaders around the world are undermining fundamental aspects of democracy and civilised ...

Overview - Rule of Law | United States Courts

More than 200 years ago, Alexander Hamilton, James Madison, and John Jay published a series of essays promoting the ratification of the United States ...

Full article: Legislation against the rule of law – an introduction

1. Political leaders opposing the requirements of the rule of law are not exceptional. In failed states it is even common to ignore the rule ...

1 STABILITY, PREDICTABILITY AND THE RULE OF LAW: STARE ...

In common law systems, legal stability and predictability are furthered by judicial adherence to precedent and the informal norm of stare decisis. While legal ...

The Rule of Law - Stanford Encyclopedia of Philosophy

The procedural principles concern the processes by which these norms are administered, and the institutions—like courts and an independent ...

Courts can be undermined in these 3 ways. This is how to protect ...

Want democracy? Courts are only as powerful as politicians — and the public — want them to be.

Supreme Court's Radical Immunity Ruling Shields Lawbreaking ...

In a shocking and lawless opinion, the Supreme Court granted presidents broad protections from criminal prosecution for “official acts” they undertake while in ...

U.S. Courts Undermine Majority Rule | Libertarianism.org

The counter-​majoritarian and anti-​democratic nature of the federal court system was originally intended to act as a safeguard for the ...

RULE OF LAW - United States Courts |

In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist # 78 that the federal courts "were designed to be an ...

The Supreme Court's Presidential Immunity Ruling Undermines ...

The ruling in Trump v. United States is an affront to democracy and the rule of law, forfeiting critical checks on executive power.

Factors of the Rule of Law | World Justice Project

Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, ...

States Must Uphold Rule of Law, Fundamental Freedoms When ...

Underscoring the need to uphold the rule of law when introducing measures to respond to global emergencies or incorporating new technology ...

The rule of law and the role of courts | Global Constitutionalism

I. Judicial review of executive and legislative action. What role do courts play – what role should the judiciary play – in advancing or ...

Law against the Rule of Law: Assaulting Democracy

(5) The National Socialists relied on two basic modes of authoritarian power expansion through legal dispositions: coercive resources and redesigning the rules ...