This contribution seeks to shed new light onto the classification of legal orders with respect to the domestic effect of international law. Traditional theory distinguishes between monist and dualist systems, those that accept the primacy of international law over domestic law, and those that do...

The late Thomas Franck postulated that the legitimacy of international norms and institutions rested in large part upon certain important factors, notably whether the norm or institutional process was validated through commonly accepted means, whether it was clearly understood by those upon whom...

This paper seeks to explain how courts in new and vulnerable democracies acquire legitimacy and thus become credible actors able to facilitate or even foster the consolidation of democracy. It analyses the case of the Constitutional Court of Benin (CCB), demonstrating that governmental...

Scholars have devoted considerable attention to the U.S. Supreme Court's legitimacy-conferring capacity, arguing that the Court attaches some of its legitimacy to its rulings, leading people to accept those decisions. Missing from earlier research is recognition that the U.S. is a federal legal...

For over two centuries Americans have debated whether judges should be elected or appointed. While the explicitly framed tension has been about the relative importance of judicial independence and judicial accountability in a democracy, the underlying issue has been about which structure better...

"Choice architecture is everywhere. Nudging has become fashionable. The EU and some member states, including Germany, explore the possibilities of informing their regulatory policies with behavioural insights. This book provides [an]...overview of a rapidly evolving field, reflecting on...