Translating Justice: The International Organization of Constitutional Courts

19 Pages Posted: 15 Apr 2016

See all articles by Udi Sommer

Udi Sommer

Columbia University - Department of Political Science; Tel Aviv University

Olga Frishman

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

Date Written: April 2016

Abstract

What is the international organization of national constitutional courts? This article develops a theoretical framework to analyze this question and tests it empirically with original data of translated opinions. Justices of different nations form an emerging epistemic community, which is congealed due to common practices as well as to competition and selectiveness throughout the judicial career. Opinions translated into English as the lingua franca are pivotal for communication within this epistemic community. Through engaging in a transnational judicial dialogue, and particularly as far as this dialogue concerns legal citations, this community uses international law as a key guide to finding equilibrium solutions at national and international levels. Five sources of international law overwhelmingly dominate. In addition, we find evidence in the collegial game within the different courts for the existence of a transnational epistemic community of Supreme Court justices.

Suggested Citation

Sommer, Udi and Frishman, Olga, Translating Justice: The International Organization of Constitutional Courts (April 2016). Law & Policy, Vol. 38, Issue 2, pp. 124-142, 2016, Available at SSRN: https://ssrn.com/abstract=2765186 or http://dx.doi.org/10.1111/lapo.12054

Udi Sommer (Contact Author)

Columbia University - Department of Political Science ( email )

7th Floor, International Affairs Bldg.
420 W. 118th Street
New York, NY 10027
United States

Tel Aviv University ( email )

Ramat Aviv
Tel Aviv
Tel Aviv, Israel 62486
Israel
9176226009 (Phone)

Olga Frishman

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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