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Deliberation is a process of thoughtfully weighing options, for example prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialogue . Group decisions are generally made after deliberation through a vote or consensus of those involved.
Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making.Deliberative democracy seeks quality over quantity by limiting decision-makers to a smaller but more representative sample of the population that is given the time and resources to focus on one issue.
One deliberative referendum method is the Citizens' Initiative Review; this is a randomly-selected body, similar to a citizen's jury, convened specifically to deliberate on a ballot initiative or referendum that voters in the same jurisdiction (such as a city, state, province, or country) will later vote on. [5]
In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases. There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed systems such as Quebec recognize these prerogative writs.
A ruling of nonjusticiability, in the end, prevents the issue that brought the case before the court from being resolved in a court of law. In the typical case where there is a finding of nonjusticiability due to the political question doctrine, the issue presented before the court is either so specific that the Constitution gives sole power to one of the political branches, or the issue ...
A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.
Deliberation allows members to reflect on their values and weigh new information in dialogue with subject-matter experts and their peers. By incorporating the views, information and arguments of experts and then asking the participants to engage in collaborative discussion, assemblies aim to enable the participants to educate themselves and ...
The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [ 12 ]