Chapter

Norms, Dispute Resolution, and Judicialization

Alec Stone Sweet

in Governing with Judges

Published in print February 2000 | ISBN: 9780198297710
Published online April 2004 | e-ISBN: 9780191601095 | DOI: http://dx.doi.org/10.1093/0198297718.003.0001
Norms, Dispute Resolution, and Judicialization

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The regular and effective settlement of disputes by a third‐party dispute resolver leads to the evolution of a set of behavioural norms, which become authoritative in society. In turn, normative evolution shapes how interests are formed and power operates. In the context of constitutional law and politics, this system of reciprocal influence has led to the judicialization of European politics and the constitutionalization of European law. The final section of this chapter surveys a variety of perspectives on European constitutional politics, including a principal‐agent framework, the legislative politics approach, judicial decision‐making and conceptualizing legal normative autonomy.

Keywords: Triadic dispute resolution; judicialization; norms; principal‐agent relationship; strategic behaviour

Chapter.  11823 words.  Illustrated.

Subjects: Comparative Politics

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