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Academic
: Legal Theory BlogLavranos on Judicial Deference by the European Court of Justice
By Lawrence Solum
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This contribution analyzes several cases in which both the ECJ and ECrtHR showed a misguided deference by not actually deciding the case but rather rendering unconvincing judgments. It is argued that in highly sensitive case, courts should instead refuse to be abused by parties for resolving disputes that should rather be solved by political decisions.
Full post as published by Legal Theory Blog on December 29, 2009 (boomark / email).
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