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The Legitimacy of Highest Courts’ Rulings

The Legitimacy of Highest Courts’ Rulings
Judicial Deliberations and Beyond

$146.00 (C)

Nick Huls, Mitchel Lasser, Ugo Mattei, Fred Bruinsma, Rob Jagtenberg, Annie de Roo, Marc Loth, Elaine Mak, Jacco Bomhoff, Harm Kloosterhuis, Bram Goetschalcx, Grace van Arkel, Guy Canivet, Koen Lemmens, Andrea Pinna, Luc Huybrechts, Maurice Adams, Fernand Tanghe, Willibrord Davids, Geert Corstens, Paul Mevis, Rob Baumgardt, Carel Smith, Kees Loonstra, Jacco Quist, Lech Garlicki, Wilhelmina Thomassen, Janneke Gerards, Michiel van Emmerik, Tom Barkhuijsen, Roel de Lange, Sinisa Rodin
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  • Date Published: February 2009
  • availability: Refer to T.M.C Asser Press, T.M.C Asser Press, R.J.Schimmelpennincklaan 20-22, 2517 JN The Hague, The Netherlands
  • format: Hardback
  • isbn: 9789067042895

$146.00 (C)
Hardback

Refer to T.M.C Asser Press, T.M.C Asser Press, R.J.Schimmelpennincklaan 20-22, 2517 JN The Hague, The Netherlands
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About the Authors
  • In Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point for this book, judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. Specific attention is also given to the Strasbourg Court on Human Rights, that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are under even greater pressure to modernise. The book is a multidisciplinary contribution to the international debate about the legitimacy of highest courts' rulings, the concept of judicial leadership, and offers a new perspective in the USA-versus-Europe debate.

    • Comparative perspective gives an update of the international debate on the position of highest courts
    • Top judges and academics improve knowledge about how the highest courts function in reality
    • Offers a new perspective in the USA-versus-Europe debate, making this an important contribution to the field of comparative law
    Read more

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    Product details

    • Date Published: February 2009
    • format: Hardback
    • isbn: 9789067042895
    • length: 500 pages
    • dimensions: 246 x 165 x 32 mm
    • weight: 0.923kg
    • availability: Refer to T.M.C Asser Press, T.M.C Asser Press, R.J.Schimmelpennincklaan 20-22, 2517 JN The Hague, The Netherlands
  • Table of Contents

    1. Introduction. The problematic legitimacy of Supreme Courts' rulings Nick Huls
    Part I. The Comparative Enterprise:
    2. Transforming deliberations Mitchel Lasser
    3. What do we lack? Ugo Mattei
    4. A socio-legal analysis of the legitimacy of Highest Courts Fred Bruinsma
    5. From traditional judicial styles to verdict industries Inc. Rob Jagtenberg and Annie de Roo
    6. Courts in quest of legitimacy Marc Loth
    7. Another turn of the screw Elaine Mak
    8. Comparing judicial decisions on a formalism/policy axis Jacco Bomhoff
    9. Formal and substantial justification in legal decisions Harm Kloosterhuis
    10. In good faith, re-imagining comparative law discourse Bram Goetschalcx
    11. A comparison between wrongful discharge cases in the Netherlands and California Grace van Arkel
    Part II. The Subtleties of the French, Belgian and Dutch Cassation Courts:
    12. The formal and informal determining factors of the legitimacy of judicial decisions Guy Canivet
    13. 'But Pasteur was French' Koen Lemmens
    14. Filtering applications, number of judgments delivered and judicial discourse by Supreme Courts Andrea Pinna
    15. A commentary on Lasser's analysis from the Belgian Court of Cassation's perspective Luc Huybrechts
    16. Legitimacy and democracy through adjudication Maurice Adams and Fernand Tanghe
    17. Judicial reasoning and legitimacy of the Dutch Supreme Court Willibrord Davids
    18. The legitimacy of the decisions of the Dutch Supreme Court in criminal cases Geert Corstens
    19. From the view point of an annotator Paul Mevis
    20. From the viewpoint of an attorney Rob Baumgardt
    21. Legitimacy of the ruling: a formal approach Carel Smith
    22. The Dutch Supreme Courts versus the lower courts: summary dismissal and the catalogue of viewpoints Kees Loonstra and Jacco Quist
    Part III. Supreme but Poor: The ECtHR:
    23. Judicial deliberations: the Strasbourg perspective Lech Garlicki
    24. Judicial legitimacy in an internationalized world Wilhelmina Thomassen
    25. Judicial deliberations in the ECtHR Janneke Gerards
    26. Procedural aspects of ECtHR legitimacy Michiel van Emmerik and Tom Barkhuijsen
    27. Judicial deliberations and human rights adjudication Roel de Lange
    28. Functions of judicial opinion
    a view from a post–communist state Sinisa Rodin.

  • Editors

    Nick Huls, Erasmus Universiteit Rotterdam
    Nick Huls holds the Chair for socio-legal studies at Erasmus University Rotterdam and Leiden University. He is program leader of the interdisciplinary research group in the field of the judiciary at Erasmus University, and an expert in the field of consumer bankruptcy, legal aid and regulation.

    Maurice Adams, Universiteit van Tilburg, The Netherlands
    Maurice Adams is professor of law at the University of Antwerp, professor of law at Tilburg University and part-time professor of comparative law at the University of Antwerp. His research focuses on issues of regulation and the relationship between law and politics. He has written extensively on the regulation of euthanasia, and on law and democracy.

    Jacco Bomhoff, London School of Economics and Political Science
    Jacco Bomhoff is a lecturer at the Law Department of the London School of Economics and Political Science. His main research interest is in 20th century legal intellectual history, in particular in the areas of comparative law and conflict of laws.

    Contributors

    Nick Huls, Mitchel Lasser, Ugo Mattei, Fred Bruinsma, Rob Jagtenberg, Annie de Roo, Marc Loth, Elaine Mak, Jacco Bomhoff, Harm Kloosterhuis, Bram Goetschalcx, Grace van Arkel, Guy Canivet, Koen Lemmens, Andrea Pinna, Luc Huybrechts, Maurice Adams, Fernand Tanghe, Willibrord Davids, Geert Corstens, Paul Mevis, Rob Baumgardt, Carel Smith, Kees Loonstra, Jacco Quist, Lech Garlicki, Wilhelmina Thomassen, Janneke Gerards, Michiel van Emmerik, Tom Barkhuijsen, Roel de Lange, Sinisa Rodin

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