Chapter

On Judicial Transparency, Control, and Accountability

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations

Published in print July 2009 | ISBN: 9780199575169
Published online January 2010 | e-ISBN: 9780191706714 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199575169.003.0010

Series: Oxford Studies in European Law

On Judicial Transparency, Control, and Accountability

Show Summary Details

Preview

This chapter discusses some of the difficult, but fascinating, rule of law/democratic theory issues raised by the judicial approaches employed by the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice. It examines what it means for legal and judicial systems to function in such bifurcated or integrated ways. More specifically, it explores the implications for such interrelated issues as judicial transparency, accountability and control, and democratic debate and deliberation. As an introduction to the complex topic of how the French, American, and EU judicial systems each deal with the formation and transfer of interpretive knowledge and authority, this chapter considers how each of the three judicial systems handles the deeply pragmatic issue of how to make publicly accessible certain forms of knowledge about what Americans call ‘the state of the law’ (that is, knowledge about the content, development, and motivation of existing legal and judicial norms).

Keywords: Cour de cassation; France; Supreme Court; United States; European Court of Justice; judicial systems; judicial accountability; judicial transparency; judicial control

Chapter.  9721 words. 

Subjects: Comparative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.