Beyond Backlash: The Consequences of Adjudicating Mega-politics
نویسندگان
چکیده
This article concludes the special issue on “The International Adjudication of Mega-Politics”. It examines implications adjudicating mega-politics for politics, society, case at hand, and ICs involved. We draw findings contributions, identifying many strategies that use to rule without inciting a political backlash. The conclusion also develops further claim international adjudication mega-political disputes is not necessarily democracy undermining. analysis ends up questioning whether we should be worried about disputes. cautiously salutary do mean all involved welcome more generally better stakeholders resolve their themselves, so long as minority vulnerable individuals groups are thrown under bus in process. this do, however, mega-politics, while deeply frustrating leaders would prefer ignore law, perhaps something avoided wherever possible. Circling back Ran Hirschl’s original concern juristocracy, overall finding judicial review need contribute juristocracy. Instead, legal cases may limited but nonetheless consequential fail-safe against alternative unfettered unquestioned actions interpretations rendering law rule-by-law tool heads state.
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ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3961427