Judging under Constraint The Politics of Deference by International Courts
Judging under ConstraintThe Politics of Deference by International Courts\nAuthor(s): Theresa Squatrito\nFormat: Hardback\nPublisher: Cambridge University Press, United Kingdom\nImprint: Cambridge University Press\nISBN-13: 9781009607612, 978-1009607612\nSynopsis\nAs international courts have risen in prominence, policymakers, practitioners and scholars observe variation in judicial deference. Sometimes international courts defer, whereby they accept a state's exercise of authority, and other times not. Differences can be seen in case outcomes, legal interpretation and reasoning, and remedial orders. How can we explain variation in deference? This book examines deference by international courts, offering a novel theoretical account. It argues that deference is explained by a court's strategic space, which is structured by formal independence, seen as a dimension of institutional design, and state preferences. An empirical analysis built on original data of the East African Court of J.
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