Survey article: the legitimacy of Supreme Courts in the context of globalisation
The objective of this article is to present an overview of the state of the art concerning the legitimacy of Supreme Courts in the context of globalisation. In recent years, there has been much discussion about the observed increase in both the references to foreign decisions in matters of domestic...
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Utrecht University School of Law
2008-12-01
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Online Access: | http://www.utrechtlawreview.org/articles/10.18352/ulr.86/ |
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doaj-464a1b73f2a34435b9846334c0182de22020-11-25T02:10:11ZengUtrecht University School of LawUtrecht Law Review1871-515X2008-12-014310412710.18352/ulr.8686Survey article: the legitimacy of Supreme Courts in the context of globalisationSidney W. RichardsThe objective of this article is to present an overview of the state of the art concerning the legitimacy of Supreme Courts in the context of globalisation. In recent years, there has been much discussion about the observed increase in both the references to foreign decisions in matters of domestic adjudication, as well as the alleged and precipitate rise of ‘transjudicial dialogue’, or formal and informal communication between the domestic courts of various national jurisdictions. A central concern is whether Supreme Courts possess the necessary authority, and thus the legitimacy, to adopt a more ‘internationalist’ disposition. This article will demonstrate how there are various coexisting discourses of legitimacy, each with their own particular features. These various discourses are not always compatible or easily commensurable. It will argue, moreover, that the basic dilemma regarding judicial legitimacy in a globalised world is a species of a more general problem of globalisation studies, namely how to reconcile a conceptual vernacular which is permeated by domestic, state-centric notions with a political reality which is increasingly non-national in its outlook.http://www.utrechtlawreview.org/articles/10.18352/ulr.86/judicial legitimacyglobalisationtransjudicialismtransjudicial dialogueconstitutional comparativism |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Sidney W. Richards |
spellingShingle |
Sidney W. Richards Survey article: the legitimacy of Supreme Courts in the context of globalisation Utrecht Law Review judicial legitimacy globalisation transjudicialism transjudicial dialogue constitutional comparativism |
author_facet |
Sidney W. Richards |
author_sort |
Sidney W. Richards |
title |
Survey article: the legitimacy of Supreme Courts in the context of globalisation |
title_short |
Survey article: the legitimacy of Supreme Courts in the context of globalisation |
title_full |
Survey article: the legitimacy of Supreme Courts in the context of globalisation |
title_fullStr |
Survey article: the legitimacy of Supreme Courts in the context of globalisation |
title_full_unstemmed |
Survey article: the legitimacy of Supreme Courts in the context of globalisation |
title_sort |
survey article: the legitimacy of supreme courts in the context of globalisation |
publisher |
Utrecht University School of Law |
series |
Utrecht Law Review |
issn |
1871-515X |
publishDate |
2008-12-01 |
description |
The objective of this article is to present an overview of the state of the art concerning the legitimacy of Supreme Courts in the context of globalisation. In recent years, there has been much discussion about the observed increase in both the references to foreign decisions in matters of domestic adjudication, as well as the alleged and precipitate rise of ‘transjudicial dialogue’, or formal and informal communication between the domestic courts of various national jurisdictions. A central concern is whether Supreme Courts possess the necessary authority, and thus the legitimacy, to adopt a more ‘internationalist’ disposition. This article will demonstrate how there are various coexisting discourses of legitimacy, each with their own particular features. These various discourses are not always compatible or easily commensurable. It will argue, moreover, that the basic dilemma regarding judicial legitimacy in a globalised world is a species of a more general problem of globalisation studies, namely how to reconcile a conceptual vernacular which is permeated by domestic, state-centric notions with a political reality which is increasingly non-national in its outlook. |
topic |
judicial legitimacy globalisation transjudicialism transjudicial dialogue constitutional comparativism |
url |
http://www.utrechtlawreview.org/articles/10.18352/ulr.86/ |
work_keys_str_mv |
AT sidneywrichards surveyarticlethelegitimacyofsupremecourtsinthecontextofglobalisation |
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