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FOCUS - Reflective Judiciary N. 5 - 09/11/2018

Jurisdiction and Pluralisms: The Temptations of a Reflective Judiciary

by Mia Caielli and Anna Mastromarino

The projection of institutional, cultural, linguistic, religious and ethnic pluralism on the judiciary seems to be leading to two different phenomena, both aimed at protecting diversity and recognizing community interests. On the one hand, some countries have been establishing special religious or/and ethnic special courts. On the other, some composite and fragmented legal systems have decided to preserve the institutional unity of the judiciary, incorporating social pluralism in the composition of judicial organs by imposing criteria for the selection of both constitutional and ordinary judges related to, for example, gender, ethnicity, territorial origin.
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