Reputation and Judicial Tactics

£38.00

Reputation and Judicial Tactics

A Theory of National and International Courts

Comparative politics Law Comparative law International law: courts and procedures Legal systems: courts and procedures Constitutional and administrative law: general

Author: Shai Dothan

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Collection: Comparative Constitutional Law and Policy

Language: English

Published by: Cambridge University Press

Published on: 9th October 2014

Format: LCP-protected ePub

Size: 351 Kb

ISBN: 9781316120163


Introduction

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.

Reputation and 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.

Strategic Judicial Tactics

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.

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