The legitimacy of highest courts' rulings : judicial deliberations and beyond / edited by Nick Huls, Maurice Adams, Jacco Bomhoff.

Includes bibliographical references and index.

Introduction: from legitimacy to leadership / Nick Huls -- Transforming deliberations / Mitchel de S.-O-l'E. Lasser -- What do we lack? / Ugo Mattei -- A socio-legal analysis of the legitimacy of highest courts / Fred Bruinsma -- Comparing judicial reasoning on a formalism/policy axis : problematizing and contextualizing 'formalism' in Mitchel Lasser's Judicial deliberations / Jacco Bomhoff -- 'In good faith' : re-imagining comparative law discourse / Bram Goetschalckx -- Formal and substantial justification in legal decisions : some critical questions from an argumentative perspective / Harm Kloosterhuis -- Formal and informal determinative factors in the legitimacy of judicial decisions : the point of view of the French Court of Cassation / Guy Canivet -- But Pasteur was French : comments on Mitchel Lasser's 'The European pasteurization of French law' / Koen Lemmens -- Filtering applications, number of judgments delivered and judicial discourse by supreme courts : some thoughts based on the French example / Andrea Pinna -- A commentary on Lasser's Analysis from the Belgian Court of Cassation's perspective / Luc Huybrechts -- Legitimacy and democracy through adjudication : comparative reflections on the argumentative practice of the French and Belgian Cour de cassation / Maurice Adams and Fernand Tanghe -- Judicial reasoning and legitimacy of the Dutch Supreme Court / Willibrord J.M. Davids -- The legitimacy of the decisions of the Dutch Supreme Court in criminal cases / Geert Corstens -- 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 / Paul Mevis -- The perspective of a cassation attorney in criminal cases / Rob Baumgardt -- Legitimacy of the ruling : a formal approach / Carel Smith -- Courts in a quest for legitimacy : a comparative approach / Marc A. Loth -- 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 / Elaine Mak -- From traditional judicial styles to Verdict Industries Inc. / Rob Jagtenberg and Annie de Roo -- A comparison between wrongful dismissal cases in the Netherlands and California : a quest for transparency of judicial decisions / E. Grace van Arkel -- The Dutch Supreme Court versus the lower courts : summary dismissal and the catalogue of viewpoints / Kees Loonstra and Jeroen Quist -- Functions of judicial opinion : a view from a post-Communist European state / Sinis̆a Rodin -- Judicial deliberations : the Strasbourg perspective / Lech Garlicki -- Judicial legitimacy in an internationalized world / Wilhelmina Thomassen -- Judicial deliberations in the European Court of Human Rights / Janneke Gerards / Legitimacy of European Court of Human Rights judgments : procedural aspects / Tom Barkhuysen and Michiel van Emmerik -- Judicial deliberations and human rights adjudication / Roel de Lange.

"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."--Publisher description.

Machine converted from AACR2 source record.