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Keywords: rule of law
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Journal Articles
New Criminal Law Review (2021) 24 (3): 275–300.
Published: 01 July 2021
... a taxonomy of decision types. In the second part, we bring the formal point alive through a case study of criminal sentencing. © 2021 by The Regents of the University of California 2021 algorithmic decision-making indeterminacy uncertainty sentencing rule of law ALGORITHMIC DECISION-MAKING...
Journal Articles
New Criminal Law Review (2020) 23 (2): 271–299.
Published: 15 April 2020
...Hadassa Noorda This article sets out guidelines for law reform processes to account for the challenges that terrorism may pose to the rule of law and democracy. As a response to terrorism, an increase in reforms of laws and administrative measures has been seen across jurisdictions. The substantive...
Journal Articles
New Criminal Law Review (2017) 20 (3): 433–464.
Published: 01 August 2017
... principle,” this idea owes much of its popular stature in legal thinking to arguments that draw on the notion of the rule of law. It is said that allowing defendants’ motives to generate or negate their criminal liability would undermine the state’s authority in defining the contours of crime. The article...
Journal Articles
New Criminal Law Review (2012) 15 (2): 157–223.
Published: 01 April 2012
..., to be brought to bear pragmatically and instrumentally on an ad hoc basis. Ad hoc instrumentalism of this kind has genuine strengths, but it also raises significant concerns about the rule of law and political accountability. The accountability concerns, in particular, are exacerbated by two other features...