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Judicial DeliberationsA Comparative Analysis of Transparency and Legitimacy$
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Mitchel de S.-O.-l'E. Lasser

Print publication date: 2009

Print ISBN-13: 9780199575169

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199575169.001.0001

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On Judicial Transparency, Control, and Accountability

On Judicial Transparency, Control, and Accountability

(p.299) 10 On Judicial Transparency, Control, and Accountability
Judicial Deliberations

Mitchel de S.-O.-l’E. Lasser

Oxford University Press

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

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