The legitimacy of highest courts' rulings : judicial deliberations and beyond

Abstract

Introduction: from Legitimacy to Leadership.- The Comparative Enterprise.- Transforming Deliberations.- What Do We Lack?.- A Socio-Legal Analysis of The Legitimacy of Highest Courts.- Comparing Judicial Reasoning on a Formalism/Policy Axis: Problematizing and Contextualizing 'Formalism' in Mitchel Lasser's judicial Deliberations.- 'In Good Faith': Re-Imagining Comparative Law Discourse.- Formal and Substantial Justification in Legal Decisions: Some Critical Questions From an Argumentative Perspective.- The Subtleties of the French, Belgian and Dutch Cassation Courts.- 8 Formal and Informal Determinative Factors in the Legitimacy of Judicial Decisions: The Point of View of the French Court of Cassation.- But Pasteur Was French: Comments on Mitchel Lasser's 'the European Pasteurization of French Law'.- Filtering Applications, Number of Judgments Delivered and Judicial Discourse by Supreme Courts: Some Thoughts Based on the French Example.- A Commentary on Lasser'S Analysis From the Belgian Court of Cassation's Perspective.- Legitimacy and Democracy Through Adjudication: Comparative Reflections on the Argumentative Practice of the French and Belgian cour de Cassation.- Judicial Reasoning and Legitimacy of the Dutch Supreme Court.- the Legitimacy of The Decisions of the Dutch Supreme Court in Criminal Cases.- The Perspective of the Annotator: Some Observations About the Organisation and Format of the Judgments and Decisions of the Criminal Division of the Supreme Court of the Netherlands, and the Role of the Annotator.- 16 The Perspective of a Cassation Attorney in Criminal Cases.- Legitimacy of the Ruling: A Formal Approach.- Challenges to the Legitimacy of Courts.- Courts in a Quest for Legitimacy: A Comparative Approach.- Another Turn of the Screw: An Evaluation of Lasser'S judicial Deliberations in the Light of the Practices of Constitutional Review in France, Germany and the United States.- From Traditional Judicial Styles to Verdict Industries Inc..- A Comparison Between Wrongful Dismissal Cases in the Netherlands and California: A Quest for Transparency of Judicial Decisions.- The Dutch Supreme Court Versus the Lower Courts: Summary Dismissal and the Catalogue of Viewpoints.- Functions of Judicial Opinion: A View from a Post-Communist European State.- The ECtHR and its Peculiar 'Problematic'.- Judicial Deliberations: the Strasbourg Perspective.- Judicial Legitimacy in an Internationalized World.- Judicial Deliberations in the European Court of Human Righs.- Legitimacy of European Court of Human Rights Judgments: Procedural Aspects.- Judicial Deliberations, Legitimacy and Human Rights Adjudication.

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