Legitimacy and Independence of International Tribunals: An Analysis of the European Court of Human Rights
In: Hastings International and Comparative Law Review, No 37, 2014
6954285 Ergebnisse
Sortierung:
In: Hastings International and Comparative Law Review, No 37, 2014
SSRN
In: African Journal of Legal Studies 8 (2015) 1 - 32
SSRN
SSRN
Working paper
In: International politics: a journal of transnational issues and global problems, Band 44, Heft 2-3, S. 157-174
ISSN: 1740-3898
In: Journal of International Criminal Justice, Band 4, Heft 4, S. 765-785
SSRN
In: Loyola of Los Angeles International and Comparative Law Review, Forthcoming
SSRN
In: Hersch Lauterpacht memorial lectures [22]
"This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility"--
In: Journal of social philosophy, Band 54, Heft 4, S. 471-489
ISSN: 1467-9833
In: American journal of international law, Band 97, Heft 3, S. 510-552
ISSN: 0002-9300
World Affairs Online
What is an international crisis of legitimacy? And how does one resolve such crises? This article addresses these conceptual issues, laying the theoretical foundations for the special issue as a whole. An actor or institution experiences a crisis of legitimacy, it is argued, when the level of social recognition that its identity, interests, practices, norms, or procedures are rightful declines to the point where it must either adapt (by reconstituting or recalibrating the social bases of its legitimacy, or by investing more heavily in material practices of coercion or bribery) or face disempowerment. International crises of legitimacy can be resolved only through recalibration, which necessarily involves the communicative reconciliation of the actor's or institution's social identity, interests, practices, norms, or procedures, with the normative expectations of other actors within its realm of political action.
BASE
What is an international crisis of legitimacy? And how does one resolve such crises? This article addresses these conceptual issues, laying the theoretical foundations for the special issue as a whole. An actor or institution experiences a crisis of legitimacy, it is argued, when the level of social recognition that its identity, interests, practices, norms, or procedures are rightful declines to the point where it must either adapt (by reconstituting or recalibrating the social bases of its legitimacy, or by investing more heavily in material practices of coercion or bribery) or face disempowerment. International crises of legitimacy can be resolved only through recalibration, which necessarily involves the communicative reconciliation of the actor's or institution's social identity, interests, practices, norms, or procedures, with the normative expectations of other actors within its realm of political action.
BASE
In: German Law Journal, Forthcoming
SSRN
In: De Hoon , M 2017 , ' The Future of the International Criminal Court. On Critique, Legalism and Strengthening the ICC's Legitimacy ' , International Criminal Law Review , vol. 17 , no. 4 , pp. 591-614 . https://doi.org/10.1163/15718123-01704002
While the International Criminal Court (icc) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this is due to contradicting assumptions and too many objectives attached to the expectations of international criminal justice, which pull and push what the criminal trial is supposed to do in too many directions, undermining what it can do, raising too high expectations, and leading to disappointment. The article analyses the critique as rooted in a misunderstanding of what 'justice' is, what a criminal trial can do, and how inherently political international criminal justice is and only can be. It concludes with some observations on what this entails for strengthening the legitimacy of the icc by matching expectations to what it can and cannot do.
BASE
In: American political science review, Band 92, Heft 2, S. 343-358
ISSN: 0003-0554
In: American political science review, Band 92, Heft 2, S. 343-358
ISSN: 1537-5943
The purpose of this research is to examine theories of diffuse support and institutional legitimacy by testing hypotheses about the interrelationships among the salience of courts, satisfaction with court outputs, and diffuse support for national high courts. Like our predecessors, we are constrained by essentially cross-sectional data; unlike them, we analyze mass attitudes toward high courts in eighteen countries. Because our sample includes many countries with newly formed high courts, our cross-sectional data support several longitudinal inferences, using the age of the judicial institution as an independent variable. We discover that the U.S. Supreme Court is not unique in the esteem in which it is held and, like other courts, it profits from a tendency of people to credit it for pleasing decisions but not to penalize it for displeasing ones. Generally, older courts more successfully link specific and diffuse support, most likely due to satisfying successive, nonoverlapping constituencies.