In his Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (Oxford 2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system.
Using Lasser's approach and ideas as a starting point, in this book judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. The book also contains a series of contributions from scholars analyzing the wide range of factors that determine the legitimacy of these courts’ decisions. Specific attention is given to the Strasbourg Court of Human Rights that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are even under greater pressure to modernize.
The book is a multidisciplinary contribution to the international debate aboutthe legitimacy of the highest courts’ rulings as well as the concept of judicial leadership and offers a new perspective in the USA versus Europe debate. It is recommended reading for academics, judges, policymakers, political scientists and students.
Nick Huls is a Professor of socio-legal studies at the Faculty of Law of the Erasmus University Rotterdam and Leiden University’s Faculty of Law, The Netherlands. Maurice Adams is a Professor of law at Tilburg University, The Netherlands, and part-time Professor of comparative law at Antwerp University in Belgium. JaccoBomhoff is a Lecturer in law at the Law Department of the London School of Economics in the UK.
Nick Huls holds the Chair for socio-legal studies at Erasmus University Rotterdam and Leiden University. He is program leader of the interdisciplinary research group in the field of the judiciary at Erasmus University, and an expert in the field of consumer bankruptcy, legal aid and regulation.
Maurice Adams is professor of law at the University of Antwerp, professor of law at Tilburg University and part-time professor of comparative law at the University of Antwerp. His research focuses on issues of regulation and the relationship between law and politics. He has written extensively on the regulation of euthanasia, and on law and democracy.
Jacco Bomhoff is a lecturer at the Law Department of the London School of Economics and Political Science. His main research interest is in 20th century legal intellectual history, in particular in the areas of comparative law and conflict of laws.