In Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point for this book, judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. Specific attention is also given to the Strasbourg Court on Human Rights, that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are under even greater pressure to modernise. The book is a multidisciplinary contribution to the international debate about the legitimacy of highest courts' rulings, the concept of judicial leadership, and offers a new perspective in the USA-versus-Europe debate.
Content Level »Research
Keywords »Administrative law - Constitutional law - Europe - Judicial Transparancy - Supreme Courts - comparative law - legal order
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.