Transnational Judicial Dialogue as an Organisational Field

20 Pages Posted: 4 Oct 2013

See all articles by Olga Frishman

Olga Frishman

University of Haifa - Faculty of Law; Tel Aviv University - Buchmann Faculty of Law

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Date Written: November 2013

Abstract

Over the last few decades, judges and courts have had an important role in global governance. They also now communicate with each other more than they used to. Scholars have named this phenomenon ‘the transnational judicial dialogue.’ This paper calls for a comprehensive understanding of this judicial dialogue in a way that will explain the influence it has on courts. This paper proposes to use the concept of organisational fields, developed by DiMaggio and Powell, to study the relationships between courts. It will be seen that this concept gives a fuller account of those relationships and their effects than the existing approaches. This paper will first show that the transnational organisational field of the courts is now emerging using the four criteria of structuration. Then, the paper will discuss three examples of how this concept can contribute to the study of transnational relationships between courts.

Suggested Citation

Frishman, Olga, Transnational Judicial Dialogue as an Organisational Field (November 2013). European Law Journal, Vol. 19, Issue 6, pp. 739-758, 2013. Available at SSRN: https://ssrn.com/abstract=2335762 or http://dx.doi.org/10.1111/eulj.12063

Olga Frishman (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel

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