Castillo Ortiz, P. orcid.org/0000-0003-4540-1855 (2024) The imperfect legitimacy of judicial umpires in European multilevel democracies. Legal Studies, 44 (2). pp. 242-259. ISSN 0261-3875
Abstract
Judicial institutions have become the standard solution to umpire multilevel polities across much of the European continent. However, such arrangement is not free from complexities. This paper analyses the problems associated with the construction of legitimacy regarding constitutional courts in European multilevel democracies. In these polities, constitutional courts tend to rely on three different forms of legitimacy, which are embedded into their institutional design: democratic, multilevel; and technocratic. However, these forms of legitimacy are in tension, often undermining one another when combined. Furthermore, this tension is exploited by political actors to attack the courts, resulting in reputational costs for these institutions.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s), 2023. Published by Cambridge University Press on behalf of The Society of Legal Scholars. This is an author-produced version of a paper subsequently published in Legal Studies. Article available under the terms of the CC-BY-NC-ND license (https://creativecommons.org/licenses/by-nc-nd/4.0/). |
Keywords: | Constitutional courts; federalism; Europe; judicial umpires; trade-offs |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 07 Sep 2023 12:09 |
Last Modified: | 09 Oct 2024 15:37 |
Status: | Published |
Publisher: | Cambridge University Press |
Refereed: | Yes |
Identification Number: | 10.1017/lst.2023.36 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:203171 |