This paper considers how constitutional norms structure legislative deliberation. Its authors argue that the fact that legislators are ‘“responsible constitutional actors“ places them under an obligation … to deliberate about … constitutional rules when deciding whether to pass legislation‘. However, a complication is that some such rules are not judicially enforceable and may also be...
Tag: <span>Gabrielle Appleby</span>
Temporary Judicial Officers: Best Practice in Comparative Perspective
The appointment of Temporary Judicial Officers can arouse strong opinions. In Australia, Justice Kirby of the High Court has asserted that the ‘time has come … to draw a line and forbid the practice‘. At the same time, most jurisdictions recognise the need for such appointments to assist the courts in significant ways. In this...