Reputation and Judicial Tactics - A Theory of National and International Courts

"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 wayto 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"--

List of contents

1. Introduction; 2. A theory of the reputations of courts; 3. Constraints on courts; 4. Tactics to increase courts' reputations; 5. National court case study - Israeli Supreme Court; 6. International court case study - European Court of Human Rights; 7. When compliance is irrelevant; 8. Conclusions.

About the author

Shai Dothan is a senior researcher with the Global Trust Project at Tel Aviv University and an adjunct professor in the Faculty of Law at the Hebrew University of Jerusalem.

Product details

• Authors: Shai Dothan, Shai (Tel-Aviv University) Dothan, Dothan Shai
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 09.10.2014
• EAN: 9781107031135
• ISBN: 978-1-107-03113-5
• No. of pages: 348
• Series: Comparative Constitutional Law and Policy; Comparative Constitutional Law; Comparative Constitutional Law and Policy; Comparative Constitutional Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; Law, POLITICAL SCIENCE / Comparative Politics, LAW / International, LAW / Constitutional, LAW / Comparative, Comparative Politics, comparative law, Legal systems: courts and procedures, Constitutional & administrative law, Constitutional and administrative law: general, International law: courts and procedures