Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy

Overview

This book compares how and why the European Court of Justice, the French Cour de cassation and the United States Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.

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Overview

This book compares how and why the European Court of Justice, the French Cour de cassation and the United States Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.

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Product Details

  • ISBN-13: 9780199274123
  • Publisher: Oxford University Press
  • Publication date: 1/6/2005
  • Series: Oxford Studies in European Law Series
  • Pages: 396
  • Product dimensions: 9.30 (w) x 6.30 (h) x 1.20 (d)

Meet the Author

Mitchel de S.-O.-l'E. Lasser is Professor of Law at Cornell Law School.

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Table of Contents

1. Introduction
PART I: The Three Courts - Raw Analysis
2. The French Bifurcation
3. The American Unification
4. The European Union: Discursive Bifurcation Revisited
PART II: Bifurcation
5. Similarity and Difference
6. France: How is the discursive bifurcation maintained?
7. The ECJ: The French bifurcation reworked
PART III: Comparison
8. The Sliding Scales
9. Apples and Oranges
10. On Judicial Transparency, Control, and Accountability
11. On Judicial Debate, Deliberation, and Legitimacy
12. Concluding Postscript
Bibliography

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