JSI Seminar: A republican case for regulatory juries

In-person event

The idea of administrative juries was proposed by David Arkush in 2013, drawing on the republican revival in public-law theory. These proposed juries would make some key policy choices especially underlying delegated lawmaking in the US. The paper challenges some criticisms that have been made of his proposal. It also draws on aspects of the republican tradition not employed by Arkush to support such juries. Indeed, the paper suggests that more extensive delegation could occur where juries are involved. Partly for that reason, the wider term ‘regulatory juries’ is preferred. The paper argues that such juries may assist in democratising delegated legislation as well as the political system more generally. They could do so not only in the US but also, at least, in the UK and Australia.

About the speaker

Eric Ghosh is an Associate Professor in the Law School at the University of New England, where he has taught jurisprudence and administrative law. His research is in constitutional theory, political philosophy and the history of political thought, with a focus on the republican revival in legal scholarship. He is the author of articles published in journals including the History of Political Thought and Oxford Journal of Legal Studies. More recently, he wrote Beyond the republican revival: Liberty as non-domination, positive liberty, and sortition (Hart, 2020).

Thursday 6 June 2024, 6-7.30pm AEST

Venue: Level 4, Common Room, New Law Building (F10), Eastern Avenue, Camperdown campus

CPD Points: 1.5

This event is proudly presented by the Julius Stone Institute of Jurisprudence at The University of Sydney Law School.