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- Title
Three Paradigms of International Judicial Review.
- Authors
Dothan, Shai
- Abstract
The forms of intervention of international courts in domestic affairs could be divided into three broad paradigms: (1) the Westphalian Paradigm, (2) the Hierarchical Paradigm, (3) the Network Paradigm. According to the Westphalian Paradigm, the role of international courts is to coordinate the interactions of sovereign states. According to the Hierarchical Paradigm, international courts initiate social change by issuing judgments that require states to amend their practices. Naturally, under this paradigm, courts are concerned about their ability to secure compliance with their judgments but also about the legitimacy of their decisions and their ability to make good policy stipulations. According to the Network Paradigm, international courts are embedded within a vast web of actors with different interests. This chapter will survey the three different paradigms of international judicial review and demonstrate the unique considerations international courts need to take into account under every paradigm.
- Subjects
JUDICIAL review; INTERNATIONAL courts; INTERVENTION (International law); LEGAL judgments; SOVEREIGNTY; ORGANIZATIONAL legitimacy
- Publication
ICL Journal, 2024, Vol 18, Issue 1, p179
- ISSN
2306-3734
- Publication type
Article
- DOI
10.1515/icl-2023-0031