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Keywords: rule of law
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Journal Articles
Journal:
New Criminal Law Review
New Criminal Law Review (2021) 24 (3): 275–300.
Published: 01 July 2021
..., indeterminacy, uncertainty, sen- tencing, rule of law INTRODUCTION When it comes to algorithmic and eventually, AI governance, there is growing enthusiasm for the following sort of approach: Humans should never lose charge of determining which ends to pursue. But there is nothing objectionable about using...
Journal Articles
Journal:
New Criminal Law Review
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
Journal:
New Criminal Law Review
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
Journal:
New Criminal Law Review
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...