Themis and Dike in the International Arena - Comments on Armin Von Bogdandy and Ingo Vetzke's 'Democratic Legitimation of International Judicial Lawmaking'

German Law Journal, Vol. 12, No. 11, 2011

12 Pages Posted: 20 Sep 2013

See all articles by Giacinto della Cananea

Giacinto della Cananea

University of Rome II - Department of Economics and Law

Date Written: 2011

Abstract

In the last two decades, for a number of reasons, international judges have increasingly confronted with complex issues. In so doing, they have grounded their decisions in existing principles and rules. Sometimes, however, international judges have grounded their decisions in new principles and rules. While several observers, including Armin von Bogdandy and Ingo Vetzke, have criticized this, the author argues that this is inevitable. Although judicial lawmaking raises delicate questions, it is a common feature of constitutional and ordinary courts. Furthermore, too much emphasis should not be placed on the role of elected legislators, especially beyond the States. As an alternative option, it should be considered whether some more limited adjustments may derive from mutual learning between the different international judicial institutions.

Keywords: international judicial institutions

Suggested Citation

della Cananea, Giacinto, Themis and Dike in the International Arena - Comments on Armin Von Bogdandy and Ingo Vetzke's 'Democratic Legitimation of International Judicial Lawmaking' (2011). German Law Journal, Vol. 12, No. 11, 2011, Available at SSRN: https://ssrn.com/abstract=2327914

Giacinto Della Cananea (Contact Author)

University of Rome II - Department of Economics and Law ( email )

Via Columbia, 2
Rome, Rome 00133
Italy

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