Judging under Constraint: The Politics of Deference by International Courts by T For Sale

The Nile on
Judging under Constraint by Theresa Squatrito

International courts demonstrate differences in judicial deference. This book offers a theoretical explanation for the variation in deference that focuses on political constraints. This title is also available as open access on Cambridge Core

FORMAT
Hardcover CONDITION
Brand New Publisher Description

As international courts have risen in prominence, policymakers, practitioners and scholars observe variation in judicial deference. Sometimes international courts defer, whereby they accept a state's exercise of authority, and other times not. Differences can be seen in case outcomes, legal interpretation and reasoning, and remedial orders. How can we explain variation in deference? This book examines deference by international courts, offering a novel theoretical account. It argues that deference is explained by a court's strategic space, which is structured by formal independence, seen as a dimension of institutional design, and state preferences. An empirical analysis built on original data of the East African Court of Justice, Caribbean Court of Justice, and African Court of Human and Peoples' Rights demonstrates that robust safeguards to independence and politically fragmented memberships lend legitimacy to courts and make collective state resistance infeasible, combining to minimize deference. Persuasive argumentation and public legitimation also enable nondeference. This title is also available as open access on Cambridge Core

Table of Contents

1. Introduction; 2. Judicial deference and the strategic space of international courts; 3. Formal independence of international courts; 4. The East African court of justice: pervasive constraints and substantial deference; 5. The Caribbean court of justice: intermediate constraints and moderate deference; 6. The African court of human and peoples' rights: subtle constraints and minimal deference; 7. Conclusion; Appendix; References.

Promotional

This book examines the variation of deference by international courts and argues that political constraints shape their decision.

Details ISBN1009607618 Author Theresa Squatrito Publisher Cambridge University Press Series Studies on International Courts and Tribunals Year 2025 ISBN-13 9781009607612 Format Hardcover Imprint Cambridge University Press Subtitle The Politics of Deference by International Courts Place of Publication Cambridge Country of Publication United Kingdom Illustrations Worked examples or Exercises Audience General ISBN-10 1009607618 Country of Origin US Product Class Description International Relations DEWEY 341.55 Publication Date 2025-11-13 UK Release Date 2025-11-13 Pages 376 Alternative 9781009607636
We\'ve got this

At The Nile, if you\'re looking for it, we\'ve got it.
With fast shipping, low prices, friendly service and well over a million items - you\'re bound to find what you want, at a price you\'ll love!

TheNile_Item_ID:174213390;