Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy (Oxford Studies in European Law) - Image 1

£45.55

Oxford University Press Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy (Oxford Studies in European Law)

Name: Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy (Oxford Studies in European Law)
Brand: Oxford University Press
Price: 45.55 GBP
Availability: InStock

International

Price History & Forecast

Last 31 days • 31 data points (No recent data available)

Historical

Generating forecast...

Price Distribution

Price distribution over 31 days • 1 price levels

Days at Price

Price Analysis

Most common price: £46 (31 days, 100.0%)

Price range: £46 - £46

Price levels: 1 different prices over 31 days

Description

Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the U.S. Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The E.C.J. hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the E.C.J. reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the E.C.J. towards generating legitimacy by adopting a somewh

Product Specifications

Brand: Oxford University Press
Format: paperback
ASIN: 0199575169
Category: Books > Subjects > Business, Finance & Law > Law > International
Domain: Amazon UK
Release Date: 28 September 2009
Listed Since: 27 February 2009

Barcode

No barcode data available

Oxford University Press Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy (Oxford Studies in European Law)

Price History & Forecast

Price Distribution

Price Analysis

Description

Product Specifications

Barcode

Similar Products You Might Like

The Legitimacy of Highest Courts' Rulings - T.M.C. Asser Press

Universals of Legal Reasoning by Judges: A Plea for Candour in Decision-Making

Constitutional Dialogues in Comparative Perspective

Jurisdiktionskonflikte in Mehrebenensystemen: Die Entwicklung eines Modells zur Lösung von Konflikten zwischen Gerichten unterschiedlicher Ebenen in ... öffentlichen Recht und Völkerrecht, 195)

Inside the Judicial Process: A Contemporary Reader in Law, Politics, and the Courts

The Legal Reasoning of the Court of Justice of the EU: 36 (Modern Studies in European Law)

European Judicial Systems as a Challenge for Democracy 2015 (European Integration and Democracy Series): 3

The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (Routledge Research in EU Law)

Jurisprudence and Persuasion: You Can't Argue Like That" A Case-based Approach (American Casebook Series)

The Judicial Construction of Europe

Springer - Conceptions and Misconceptions of Legislation (Vol 5)

Courts and Comparative Law

Europe's Passive Virtues: Deference to National Authorities in EU Free Movement Law (Oxford Studies in European Law)

Italian Constitutional Justice in Global Context

The Psychology of Judicial Decision Making (American Psychology-Law Society Series)

Debating Legal Pluralism and Constitutionalism: New Trajectories for Legal Theory in the Global Age: 41 (Ius Comparatum - Global Studies in Comparative Law, 41)

Judicial Discretion in European Perspective

Debating Legal Pluralism and Constitutionalism: New Trajectories for Legal Theory in the Global Age: 41 (Ius Comparatum - Global Studies in Comparative Law, 41)

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks in Law)

A Common Law Of International Adjudication (International Courts And Tribunals Series)

Legislative Authority and Interpretation in the European Union (Oxford Studies in European Law)

Adjudicating Revolution: Courts and Constitutional Change (Elgar Monographs in Constitutional and Administrative Law)

International Court Authority (International Courts and Tribunals Series)

A Theory of Interpretation of the European Convention on Human Rights