International Judicial Legitimacy: Lessons from National Courts
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Yonatan Lupu
Abstract
How can international courts better establish their legitimacy? We can better answer this question by first focusing on what scholars have learned about how national courts build legitimacy over time. The literature suggests that national courts strategically build legitimacy by balancing their own policy preferences with those of their audiences. In so doing, they attempt to avoid instances of court curbing that can diminish legitimacy over the long run. Applying a similar strategy may be more difficult for international courts for two key reasons: (1) they serve audiences with more diverse preferences than national courts; (2) they are less likely to be able to predict which rulings will result in significant backlashes from these audiences.
© 2013 by Walter de Gruyter GmbH & Co.
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
