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International Judicial Legitimacy: Lessons from National Courts
2013
Theoretical Inquiries in Law
How can international courts better establish their legitimacy? We can better answer this question by first focusing on what scholars have learned about how national courts build legitimacy over time. The literature suggests that national courts strategically build legitimacy by balancing their own policy preferences with those of their audiences. In so doing, they attempt to avoid instances of court curbing that can diminish legitimacy over the long run. Applying a similar strategy may be more
doi:10.1515/til-2013-022
fatcat:s4a5lcat3fff3duw64ghzma2na