Privacy and civil rights groups have argued that, in light of the Snowden revelations, all electronic surveillance warrants should go before a judge to ensure the huge power available to government as a result of modern surveillance technology should be subject to some form of judicial constraint.
Privacy and civil rights groups have argued that, in light of the Snowden revelations, all electronic surveillance warrants should go before a judge to ensure the phenomenal power available to government as a result of modern surveillance technology should be subject to some form of judicial constraint.
Some scholars who have despaired of congressional or judicial constraint of the executive, but believe that some sort of constraint is desirable, have suggested that the executive's own legal adviser, the Office of Legal Counsel, could provide such a constraint.
We can break down the Liberal Democracy Index into its two components: (1) the Electoral Democracy Index, which captures clean elections, freedom of association and expression, and whether there are alternative sources of information; and (2) the Liberal Component Index, which captures equality before the law, individual liberties, and legislative and judicial constraints on the executive.
Constitutional constraints, judicial reform, political parties, economic privatization — these building blocks of democratic societies need time to take root.
Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.
Confronted with some of the same philosophical issues evident in American constitutional theory, Caribbean constitutional theory has also had to deal with judicial authority and the constraints on legitimate interpretation.
Fiss' view is criticised by Stanley Fish (1989), who contends that Fiss'discipliningng rules' would themselves require interpretation in order for judges to know what they mean and require of them, and hence cannot supply constraints upon judicial interpretation.
For example, for Owen Fiss (1982), 'disciplining rules' in the form of those standards which are constitutive of the profession of judging supply constraints upon judicial interpretation which supplement the rules of language which already constrain all language users in their attempts to understand texts.
Matthew C. Stephenson, Judicial Reform in Developing Countries: Constraints and Opportunities, in Annual World Bank Conference on Development Economics--Regional 2007 : Beyond Transition 311 (Francois Bourguignon & Boris Pleskovic eds., 2007).
Xi's challenge has been to achieve judicial reform within the political constraints of a single-party state.
