COURT COOPERATION, EXECUTIVE ACCOUNTABILITY, AND GLOBAL GOVERNANCE.

EYAL BENVENISTI, GEORGE W. DOWNS

Research output: Contribution to journalArticlepeer-review

Abstract

The article argues that progress in containing executive power via judicial oversight is likely to be driven from below and led by national courts (NC) through a cooperative process involving both the NC and the international tribunals (IT). NC are said to be the ones who stand to lose the most from the continued transfer of regulatory authority to the international level. Both NC and IT have mutual desire to curb executive discretion. Both also believe that isolated action on the part of individual courts is less likely to be effective than action that is informally coordinated through expectations generated by historical experience and a common professional language.
Original languageEnglish
Pages (from-to)931-958
Number of pages28
JournalNew York University Journal of International Law and Politics
Volume41
Issue number4
StatePublished - 1 Jul 2009

Keywords

  • EXECUTIVE power
  • INTERNATIONAL courts
  • COURTS
  • COOPERATIVE societies
  • INTERNATIONAL law
  • LANGUAGE & languages

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