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The European Court and Civil Society: Litigation, Mobilization and Governance. By Rachel A. Cichowski. New York: Cambridge University Press, 2007. 310p. $39.99
In: Perspectives on politics, Band 8, Heft 2, S. 698-699
ISSN: 1541-0986
The European Court and Civil Society: Litigation, Mobilization and Governance
In: Perspectives on politics: a political science public sphere, Band 8, Heft 2, S. 698-699
ISSN: 1537-5927
Tipping the Balance: International Courts and the Construction of International and Domestic Politics
In: Cambridge Yearbook of International Studies, Forthcoming
SSRN
Working paper
Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
In: International organization, Band 64, Heft 4, S. 563-592
ISSN: 1531-5088
AbstractAre international courts power-seeking by nature, expanding the reach and scope of international rules and the courts' authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ's jurisdictional cousin and the third most active international court. We argue that international judges are more likely to become expansionist lawmakers where they are supported by substate interlocutors and compliance constituencies, including government officials, advocacy networks, national judges, and administrative agencies. This comparison of two structurally identical international courts calls into question prevailing explanations of ECJ lawmaking, and it suggests that prevailing scholarship puts too much emphasis on the self-interested power-seeking of judges, the importance of institutional design features, and the preferences of governments to explain lawmaking by international courts.
Nature or nurture?: Judicial lawmaking in the European Court of Justice and the Andean Tribunal of Justice
In: International organization, Band 64, Heft 4, S. 563-592
ISSN: 0020-8183
World Affairs Online
Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
In: International Organization, Band 64, Heft 4
SSRN
Working paper