The International Court of Justice and Environmental Disputes
In: International Law and Dispute Settlement : New Problems and Techniques
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In: International Law and Dispute Settlement : New Problems and Techniques
In: Legitimacy in International Law; Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, p. 1-24
In: Immigration and National Identities in Latin America, p. 182-204
In: Democratization and political culture in comparative perspective: Festschrift for Dirk Berg-Schlosser, p. 57-77
In: Democratization and Political Culture in Comparative Perspective, p. 57-77
In: A Common Law of International Adjudication, p. 119-151
Looks at the US Supreme Court's alleged loss of legitimacy as a result of Bush v. Gore to argue that such claims are greatly inflated. It is maintained that the Court's intervention in the 2000 presidential election did not involve substantive issues on a par with privacy rights or abortion. Rather, the "one-of-a-kind" decision was consistent with the Court's institutional role, ended the election dispute, & restored stability to the political system. Sociological, psychological, & legal meanings of the word legitimacy are explored by examining public attitudes toward the Court, historical periods in which the Court's authority was questioned, & theories of sources of the Court's authority. Bush v. Gore is compared to Planned Parenthood of Southeastern Pennsylvania v. Casey, in which the Court refused to reverse its precedent in Roe v. Wade on the ground that it would undermine the Court's legitimacy. Both cases involved a divisive national controversy; however, the election debate needed a final resolution, while the abortion debate remained an intensely controversial issue for decades without destroying the legitimacy of the Court. J. Lindroth
In: The Making of International Criminal Justice, p. 239-245
In: Freihandel vs. Demokratie, p. 183-200
In: Amnesty, Human Rights and Political Transitions : Bridging the Peace and Justice Divide
In: International Judicial Lawmaking; Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, p. 411-437
In: Living with a Reluctant HegemonExplaining European Responses to US Unilateralism, p. 84-111
In: The Defence in International Criminal Trials, p. 200-226
In: The Responsibility to Prevent, p. 119-159
In: From Peace to Justice Series; International Criminal Accountability and the Rights of Children, p. 111-117