Reputation and judicial tactics : a theory of national and international courts / Shai Dothan, Tel Aviv University, Faulty of Law.
2015
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Author
Title
Reputation and judicial tactics : a theory of national and international courts / Shai Dothan, Tel Aviv University, Faulty of Law.
Imprint
Cambridge : Cambridge University Press, 2015.
Description
1 online resource (xiv, 336 pages) : digital, PDF file(s).
Series
Comparative constitutional law and policy.
Formatted Contents Note
Introduction : Courts as long-term strategic actors that seek to maximize their reputations
A theory of the reputations of courts
Constraints on courts
Tactics to increase courts' reputation
National court case study : Israeli Supreme Court
International court case study : European Court of Human Rights
When compliance is irrelevant.
A theory of the reputations of courts
Constraints on courts
Tactics to increase courts' reputation
National court case study : Israeli Supreme Court
International court case study : European Court of Human Rights
When compliance is irrelevant.
Summary
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781139381260 (ebook)
9781107031135 (hardback)
9781107031135 (hardback)
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