Coverart for item
The Resource Judicial review and strategic behaviour : an empirical case law analysis of the Belgian Constitutional Court, Josephine De Jaegere, (electronic resource)

Judicial review and strategic behaviour : an empirical case law analysis of the Belgian Constitutional Court, Josephine De Jaegere, (electronic resource)

Label
Judicial review and strategic behaviour : an empirical case law analysis of the Belgian Constitutional Court
Title
Judicial review and strategic behaviour
Title remainder
an empirical case law analysis of the Belgian Constitutional Court
Statement of responsibility
Josephine De Jaegere
Creator
Subject
Language
eng
Summary
Traditionally, legal scholarship on judicial review is predominantly normative, concentrating on how courts should decide cases and to what extent they should show deference towards the legislative branch. Political scientists, on the other hand, seem more interested in what motivates judges and which factors influence their decisions. In contrast to the extensive body of literature on judicial behaviour in countries with a common law tradition (especially on the US Supreme Court), there is little systematic, empirical knowledge relating to European constitutional courts. Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system: Does the Court employ deliberative 'judicial good practices'? Is the Court's performance affected by strategic considerations? And if the Court's rulings reflect strategic actions, does this behaviour correspond to the deliberative expectations weighing on the Court? The answers to these questions contribute to a fundamental discussion about the appropriate role for judicial institutions in a democratic society. The book shows that the Court's case law is (in part) shaped by strategic considerations. In salient cases, the Court prudently adapts various aspects of its decision in order to stimulate acceptance and compliance. The analyses reflect the fact that the Court is willing to engage in dialogue and that a consensus must be found amid a pluralist group of judges in each case. In addition, by continuingly taking into account the anticipated behaviour of its audience, the Court protects its institutional legitimacy for future cases. Due to this interdisciplinary focus, the book provides essential insights to both legal scholars and political scientists. Josephine De Jaegere is an advisor at the Belgian Ministry of Justice and an associated researcher at the University of Antwerp.--
Assigning source
Provided by publisher
Cataloging source
UkCbUP
http://library.link/vocab/creatorName
Jaegere, Josephine de,
Index
index present
Literary form
non fiction
Nature of contents
dictionaries
Series statement
Cambridge Social Sciences eBooks
http://library.link/vocab/subjectName
  • Belgium
  • Judicial process
Label
Judicial review and strategic behaviour : an empirical case law analysis of the Belgian Constitutional Court, Josephine De Jaegere, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://www.cambridge.org/core/product/identifier/9781780688619/type/BOOK
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
CR9781780688619
Dimensions
unknown
Extent
1 online resource (xiii, 365 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781780686943
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)1108755855
Label
Judicial review and strategic behaviour : an empirical case law analysis of the Belgian Constitutional Court, Josephine De Jaegere, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://www.cambridge.org/core/product/identifier/9781780688619/type/BOOK
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
CR9781780688619
Dimensions
unknown
Extent
1 online resource (xiii, 365 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781780686943
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)1108755855

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