Abstract
AbstractThe European Union (EU) offers an example of deep judicialization, where highly salient political values are adjudicated on a regular basis. In such contexts, political attention may shift from national sovereignty costs (the vertical dimension) to distributive conflicts within and between states (the horizontal dimension), creating a multidimensional legal policy space. We discuss the implications of this setting for judicial behavior and argue that it may create both opportunities and pitfalls for international judges, depending on how the dimensions are related. If the institutional interests of judges in promoting international law systematically favor some states over others on the horizontal dimension, judicial activism is likely to provoke feedback effects in the form of severe legitimacy problems. If the dimensions are unrelated, on the other hand, adjudicators become further empowered. We draw on a large dataset to show how the Court of Justice of the EU has been able to use divisions between states on the left-right dimension to enhance the legitimacy and autonomy of European law.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.