General courts, specialized courts, and the complementarity effect

• 成果类型: Article
• 署名作者: Guttel, Ehud; Harel, Alon; Procaccia, Yuval
• 署名单位: Hebrew University of Jerusalem; Hebrew University of Jerusalem; Reichman University
• 刊物名称: REGULATION & GOVERNANCE
• ISSN/ISSBN: 1748-5983
• DOI: 10.1111/rego.12479
• 发表日期: 2023
• 页码: 1021-1040
• 关键词: federal circuit; SUPREME-COURT; appeals; SYSTEM; MYTH

摘要

Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized courts with limited jurisdiction. Under one influential argument-advanced by both judges and legal theorists-general courts foster coherence within the legal system. This Article identifies a distinct effect of establishing general courts: the complementarity effect. In the case of complementarity, general courts strategically apply different principles in different fields, such that litigants losing in one sphere (e.g., public law) are compensated in another (e.g., private law). We support this conjecture by analyzing three case studies.