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Judicial Review and Strategic Behaviour - An Empirical Case Law Analysis of the Belgian Constitutional Court (Hardcover)
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Judicial Review and Strategic Behaviour - An Empirical Case Law Analysis of the Belgian Constitutional Court (Hardcover)
Series: Intersentia Studies on Courts and Judges, 0
Expected to ship within 12 - 17 working days
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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.
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