Document Type
Article
Publication Date
1-2013
Journal Title
Washington University Global Studies Law Review
ISSN
1546-6981
Abstract
Judges perform nonjudicial functions in many contexts. Most jurisdictions regulate these functions in multiple ways, by statute and by custom. We provide a theory of judicial demand and judicial supply for nonjudicial functions. By teasing out the determinants of judicial involvement in nonjudicial functions, we show the potential market failures and the need for regulation. We suggest that some limitations on the judicial exercise of nonjudicial functions seem justified. However, these limits might vary across jurisdictions depending on institutional and contextual factors.
First Page
755
Volume Number
12
Publisher
Washington University School of Law
Recommended Citation
Nuno Garoupa & Tom Ginsburg,
Judicial Roles in Nonjudicial Functions,
12
Wash. U. Global Stud. L. Rev.
755
(2013).
Available at:
https://scholarship.law.tamu.edu/facscholar/449