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  1. Feminizing Human Rights Adjudication: Feminist Method and the Proportionality Principle. [REVIEW]Harriet Samuels - 2013 - Feminist Legal Studies 21 (1):39-60.
    Proportionality is one of the most important adjudicatory tools, in human rights decision-making, primarily employed to balance rights and interests. Despite this there is very little feminist analysis of its use by the courts. This article discusses the doctrine of proportionality and considers its amenability to feminist legal methods. It relies on theories of deliberative democracy to argue that the proportionality test can be applied in a manner that facilitates a more “interactive universalism”, allows for greater participation in decision-making and (...)
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  • Nonparty Participation as a (Partial) Remedy to Proceduralist Concerns Over Judicial Review.Geoffrey D. Callaghan - 2018 - Legal Theory 24 (4):255-290.
    The argument I defend in this paper takes for granted that the proceduralist indictment against judicial review is at least partly justifiable, and that a complete theory of democratic legitimacy will therefore attempt to address it to the greatest possible degree. I examine how the indictment can be addressed via the practice of nonparty participation, whereby members of the general public may seek participatory involvement in a court proceeding despite not being directly implicated by the dispute at issue. Through this (...)
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