Justice at a New Scale: Introducing a Conceptual Framework for the Analysis of Highest Courts' Role in a Globalised Context

Abstract

The judiciary in the liberal democratic model is an institution which has grown and developed in a traditional framework. This institution is embedded in the Constitution and in the underlying principles of the liberal-democratic model for the regulation of power within states. In the current trend of globalisation, however, this constitutional embedding does not give enough support anymore. The increasing awareness of judges regarding international law and case law from other jurisdictions invites a new reflection concerning the constitutional foundations of the courts' legitimacy.This paper presents the outlines of a conceptual framework for the investigation of this subject matter with regard to western legal systems. This framework offers a new perspective, because of its combined concern with constitutional norms regarding supreme courts' and constitutional courts' functioning in different constitutional cultures, and the contextual background of globalisation and its influence on the role of highest courts. Legal research on the basis of this frame of reference will show how tradition and modern influences can be united in the Constitution.