Reputation and judicial tactics : a theory of national and international courts / Shai Dothan, Tel Aviv University, Faulty of Law.

Format:

Book

Author/Creator:

Dothan, Shai, author.

Series:

Comparative constitutional law and policy.

Comparative constitutional law and policy

Language:

English

Subjects (All):

Courts.

Judges.

Judgments.

Reputation (Law).

Physical Description:

1 online resource (xiv, 336 pages) : digital, PDF file(s).

Other Title:

Reputation & Judicial Tactics

Place of Publication:

Cambridge : Cambridge University Press, 2015.

Language Note:

English

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.

Contents:

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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-316-12016-3

1-316-12125-9

1-316-13324-9

1-316-62114-6

1-316-12997-7

1-316-13215-3

1-139-38126-1

1-316-12779-6

1-316-12888-1

1-316-13106-8