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In Whose Name?A Public Law Theory of International Adjudication$
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Armin von Bogdandy and Ingo Venzke

Print publication date: 2014

Print ISBN-13: 9780198717461

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198717461.001.0001

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Key Elements of a Public Law Theory of Adjudication

Key Elements of a Public Law Theory of Adjudication

(p.101) 3 Key Elements of a Public Law Theory of Adjudication
In Whose Name?

Armin von Bogdandy

Ingo Venzke

Oxford University Press

International courts perform a number of functions beyond the settlement of disputes. Their decisions are shaping the international order and domestic legal systems far more than ever before. The established understandings of international courts fall short in grasping this development and its normative implications. The chapter therefore lays the conceptual groundwork for a new, democracy-oriented conception. It shows that international courts exercise public authority and how they do so. It then lays out the specific legitimacy problem of international adjudication. It thereby reconstructs widespread, but often vague, critiques of international courts. In a last big stride, the chapter develops a concept of democracy for international courts that will make it possible to deal constructively with the challenges of legitimacy.

Keywords:   judicial lawmaking, judicial reasoning, public authority, precedents, case law, constitutionalism, fragmentation, international democracy, democratic subjects, political inclusion

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