Description
Bloomsbury Publishing (UK) Judicial Deference in International Adjudication: A Comparative Analysis by Johannes Hendrik Fahner
Should international adjudicators review decisions de novo or show deference to domestic authorities? This book investigates how various international courts and tribunals have responded to this question and discusses whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference which is based on the superior capacity of domestic authorities to make factual and technical assessments and constitutional deference which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators whereas the case for constitutional deference depends on the relative power of the reviewing court.