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The Democratic Legitimacy of International Courts: A Conceptual Framework
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Armin von Bogdandy
Published/Copyright:
November 6, 2013
Abstract
Many international courts have developed into institutions of public authority; this begs the question of their legitimation. This Article addresses their democratic legitimation and argues that Articles 9-12 of the E.U. Treaty provide a promising blueprint for its conceptualization, fusing theories focused on representation, participation and deliberation. This fusion points the way towards conceiving and developing the democratic credentials of institutions beyond the state in general. Soft law used by international judges, their election, procedure and reasoning will appear in a new light.
Published Online: 2013-11-06
Published in Print: 2013-11
© 2013 by Walter de Gruyter GmbH & Co.
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Articles in the same Issue
- Masthead
- Introduction
- The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative Theory
- The Democratic Legitimacy of International Courts: A Conceptual Framework
- Understanding the Authority of International Courts and Tribunals: On Delegation and Discursive Construction
- Public Opinion and the Legitimacy of International Courts
- International Judicial Legitimacy: Lessons from National Courts
- How International Courts Enhance Their Legitimacy
- Legitimacy and Lawmaking: A Tale of Three International Courts
- Courts, Compliance, and the Quest for Legitimacy in International Law
Articles in the same Issue
- Masthead
- Introduction
- The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative Theory
- The Democratic Legitimacy of International Courts: A Conceptual Framework
- Understanding the Authority of International Courts and Tribunals: On Delegation and Discursive Construction
- Public Opinion and the Legitimacy of International Courts
- International Judicial Legitimacy: Lessons from National Courts
- How International Courts Enhance Their Legitimacy
- Legitimacy and Lawmaking: A Tale of Three International Courts
- Courts, Compliance, and the Quest for Legitimacy in International Law
