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FOCUS - Reflective Judiciary N. 5 - 09/11/2018

Jurisdiction and Pluralisms: The Temptations of a Reflective Judiciary

by Mia Caielli and Anna Mastromarino

The projection of institutional, cultural, linguistic, religious and ethnic pluralism on the judiciary seems to be leading to two different phenomena, both aimed at protecting diversity and recognizing community interests. On the one hand, some countries have been establishing special religious or/and ethnic special courts. On the other, some composite and fragmented legal systems have decided to preserve the institutional unity of the judiciary, incorporating social pluralism in the composition of judicial organs by imposing criteria for the selection of both constitutional and ordinary judges related to, for example, gender, ethnicity, territorial origin... (continues) 

Linguistic separation or jurisdictional communitarianism? Reflective judiciary in Belgium

di Anna Mastromarino

Belgium’s institutional, legal, sociological and cultural context reflects a fracture that tangibly splits the country in two, with every decision concerning the country’s organisation responding to the need to preserve the existence of the two major linguistic communities… (continues)

In Judiciary We Trust. The Reflective Judiciary in Canada

di Eleonora Ceccherini

The study of the Canadian legal system has always awakened legal scholars’ interests, both in the field of public and private law, for its significant peculiarities which appear at the institutional, political, social and economic level. Canada has a federal… (continues)

Unequal Opportunities: Education Pathways to the U.S. Judiciary

di Alfred C. Aman, Jr.

This paper is about diversity in federal and state courts in the United States. My main argument is that we should promote a judiciary that is reflective of the society of which it is a part for three reasons:  first, because in doing so, we gain critical awareness… (continues)

Diversity and the Judiciary in India: Supreme Court judges in Indian society

di Domenico Francavilla

The Supreme Court of India sees itself as the guardian of fundamental rights and constitutional principles, and many consider it as one of the most powerful Supreme Courts in the world. Its jurisdiction is very wide and it has strong powers over other state organs... (continues)

Reflective Judiciary: more an illusion than a temptation

di Mario E. Comba

Any discourse about the Judiciary and its role in the contemporary comparative constitutional debate cannot do without a reference to the Separation of Powers Theory, where the idea itself of a Judiciary as an autonomous function, separated from the Administration or the Executive, was elaborated for the first time… (continues)
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