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- Title
Judicial review of supermajority rules governing courts' own decision-making: A comparative analysis.
- Authors
Rivera León, Mauro Arturo
- Abstract
This article provides a comparative analysis of how courts have performed judicial review on supermajority rules governing courts' decision-making. Through an empirical approach, covering the cases of the United States, Peru and Poland, the article argues that the supermajority's legal source and the chronology of its establishment may influence the court's ability to review such rules and the case's outcome. Finally, the article addresses the paradox of whether courts must apply the very provision they are tasked to review.
- Subjects
PERU; POLAND; LEGAL judgments; JUDICIAL review; COMPARATIVE studies; DECISION making; CONSTITUTIONAL courts
- Publication
Global Constitutionalism, 2024, Vol 13, Issue 1, p79
- ISSN
2045-3817
- Publication type
Article
- DOI
10.1017/S2045381723000047