Rule of Law

The Collapse of Judicial Independence in Poland: A Cautionary Tale

by and

Fall/Winter 2020–21 | Volume 104 Number 3

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.

Read More »

Civic Education: The Key to Preserving Judicial Independence

by

Summer 2020 | Volume 104 Number 2

At a time when the branches of government are making daily headlines, how do we educate the public about a fair and impartial judiciary and its vital role in our […]

Read More »

Judicial Independence: Tweak the Guiding Paradigm

by

Summer 2020 | Volume 104 Number 2

Over time, the public has simply ceased to believe judges when they say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument […]

Read More »

Protecting Fair and Impartial Courts: Reflections on Judicial Independence

by

Summer 2020 | Volume 104 Number 2

I speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my […]

Read More »

Judicial Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

by

Spring 2020 | Volume 104 Number 1

The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to […]

Read More »

Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides

by

Spring 2020 | Volume 104 Number 1

Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, […]

Read More »

Justice Dikgang Moseneke

A Freedom Fighter and Judicial Luminary: 2020 Bolch Prize Honors Dikgang Moseneke of the South Africa Constitutional Court

by

Spring 2020 | Volume 104 Number 1

Dikgang Moseneke, an internationally revered jurist who helped build and lead a democratic South Africa as it emerged from apartheid, has been named the recipient of the 2020 Bolch Prize […]

Read More »

Boxed In: Does the Prospect of Re-Selection Influence Judicial Decision Making?

by

Fall 2019 | Volume 103 Number 3

When Justice Ann A. Scott Timmer was given the opportunity to write on a topic of her choosing as part of Duke Law’s Master of Judicial Studies program, she gravitated […]

Read More »

David F. Levi

From the Publisher: Making the Case for the Rule of Law

by

Summer 2018 | Volume 102 Number 2

We received news of Associate Justice Anthony M. Kennedy’s retirement as we prepared this edition of Judicature for printing. We look forward to paying tribute to him in a later […]

Read More »

Justice Kennedy speaking at 2019 Bolch Prize ceremony

Advancing the Rule of Law

by , , and

Summer 2019 | Volume 103 Number 2

Excerpts from the 2019 Bolch Prize for the Rule of Law ceremony On April 11, 2019, the Bolch Judicial Institute presented its inaugural Bolch Prize for the Rule of Law […]

Read More »