Between Reform and Dejudicialization: Current Trends in Spanish Civil Litigation

Incháusti, Fernando Gascón

doi:10.1007/978-3-319-97358-6_7

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“…In contrast with this narrow definition, others conceive of dejudicialization in broader terms. Thus, it has been used to refer to the transfer of dispute resolution to other bodies beside the courts (Gascón Inchausti, 2018;Ghodoosi, 2020;Kraljić, 2020), the retrenchment of judicial review (Peerenboom, 2009), a turn toward more overtly political forms of dispute contestation (Steinberg, 2018), and the reassertion of the prerogatives of non-judicial actors within the political system (Vinjamuri and Snyder, 2015).…”

Section: From Judicialization To Dejudicializationmentioning

confidence: 99%

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The dejudicialization of religious freedom?

Mayrl

Venny

2021

Social Compass

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Despite a recent trend toward the judicialization of religious freedom (JRF), both historical experience and theoretical considerations suggest ‘dejudicialization’ is likely at some point. Yet, dejudicialization has provoked a little comment, and even less theorization, among social scientists studying religious freedom. This article conceptualizes the dejudicialization of religious freedom (DRF) in institutionalist terms, examines the structural forces that have facilitated JRF, and considers whether and how they may be waning in recent years. We argue conditions favorable toward dejudicialization in general, and DRF more specifically, are already emerging; highlight recent developments consistent with such a turn; and develop a typology of the forms that DRF may take.

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Section: From Judicialization To Dejudicializationmentioning

confidence: 99%

“…ADR offers an appealing solution for these overworked courts. In Spain, for instance, where financial issues and case overload became acute after the 2008 financial crisis, the legal system has been modified to promote arbitration and mediation over litigation (Gascón Inchausti, 2018).…”

Section: The Dejudicialization Of Politicsmentioning

confidence: 99%

The dejudicialization of religious freedom?

Mayrl

Venny

2021

Social Compass

View full text Add to dashboard Cite

show abstract

Between Reform and Dejudicialization: Current Trends in Spanish Civil Litigation

Cited by 1 publication

References 1 publication

The dejudicialization of religious freedom?

The dejudicialization of religious freedom?

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