Tag: <span>Karin Loevy</span>
Limited “Spheres“ vs. Limited “Capacities“: Judicial Institutional Identity in Emergency and Security Cases
What is the institutional role of judges in deciding emergency and security cases? In this paper I distinguish between two types of claims made by judges about their limited role on such matters. One is a classic separation of powers account that justifies deference to government by demarcating “spheres“ for judicial, executive and legislative supremacy....