Archive: May 2022

How Technology is Changing Justice in China

In their article How Will Technology Change the Face of Chinese Justice? (Columbia Journal of Asian Law, 2020), Professor Zhiyu Li of Durham Law School and Professor Benjamin Chen of […]

Walking Back Human Rights in Europe?

In Walking Back Human Rights in Europe? (published in the European Journal of International Law, Vol. 31 No. 3, 2020), scholars LAURENCE R. HELFER and ERIK VOETEN examined minority opinions of the European Court of Human Rights […]

Judicial Selection and Judicial Independence

The process of judicial selection varies dramatically across the globe. Even countries with similar legal structures and systems might select judges in different ways. And while most scholars agree that […]

Evacuation at Hamid Karzai International Airport

The Judiciary and the Rule of Law in Afghanistan

The current rule of law crisis has roots in Afghanistan’s 2004 constitution, which created a flawed separation of powers system.

Kiribati flag printed on canvas

A Personal Journey Through the Rule of Law in the South Pacific

Conceptually, the idea that the rule of law is maintained by an independent and impartial judiciary is not difficult to understand. In fact, we really only hear about “the rule […]

A Report from the 2015 United States–United Kingdom Legal Exchange

INTRODUCTION1 This paper was originally presented at the United Kingdom-United States Legal Exchange in London, England, in September 2015. The Exchange, sponsored by the American College of Trial Lawyers, originated […]

An Uphill Battle: How China’s obsession with social stability is blocking judicial reform

During the past three years, China has proclaimed a judicial reform campaign that aims to follow the “rule by law” (yifa zhiguo) in civil dispute resolutions. In delivering the 2014 […]

Stylized image of Lady Justice

Criticism of the Judiciary: The Virtue of Moderation

Former Italian Prime Minister Silvio Berlusconi once described the judiciary as the “cancer of democracy.”1 This presumably had much to do with his personal situation of being accused several times […]

The Innovation and Limitations of Arbitral Courts

In recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes. These institutions are hybrids between courts […]

The Collapse of Judicial Independence in Poland: A Cautionary Tale

In late 2019, the Polish Sejm approved yet another law aimed at cabining the structure and function of the judiciary. The new law, popularly referred to as a “muzzle” law, empowers a disciplinary chamber to bring proceedings against judges for questioning the ruling party’s platform. The law allows the Polish government to fire judges, or cut their salaries, for speaking out against legislation aimed at the judiciary, or for questioning the legitimacy of new judicial appointees.