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Author: Allison Danner

28 Aug

Are International Judges Activist?

Robert Bork asserts that “judges of international courts . . . are continuing to undermine democratic institutions.” This hostility implies that international courts engage in illegitimate judicial activism. Assuming that international judges do occasionally engage in international lawmaking, does this activity deserve to be dismissed as untoward? It is becoming increasingly clear that states tolerate—and perhaps encourage—international judicial...

Allison Danner | 2 Comments
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