This paper aims to indicate empirical and theoretical reasons to understand courts from a functionalist perspective. In doing so it wants to point the gap emerged between court systems formal design – entrenched in the domestic constitutions – and the organizational practices that govern in reality judicial behaviors. From the point of view of the cumulative process of knowledge is both state-based and governance-based approach are to be considered. However, we will try to outline a research agenda that, on the one hand, takes fully stock of the empirical knowledge we have on changes, transformations, developments occurred in the way courts work and, on the other hand, focuses on the normative frameworks from which judicial behaviors draw standards and guidelines. As the reader is going to see, these frameworks do not stem exclusively from the state nor from domestic political and legal institutions. Not to make things too simple where they are not, we will also argue that recent and new developments did not erase the legacies of the past. Therefore, it seems rather that courts stay as bridges between the past and the future, plugged into the legitimacy offered them by the national laws and aiming at the legitimacy promised them by the transnational norms and values nowadays emerging in a wide range of arenas and institutions.

The Post bureaucratic judge

PIANA, DANIELA
2010

Abstract

This paper aims to indicate empirical and theoretical reasons to understand courts from a functionalist perspective. In doing so it wants to point the gap emerged between court systems formal design – entrenched in the domestic constitutions – and the organizational practices that govern in reality judicial behaviors. From the point of view of the cumulative process of knowledge is both state-based and governance-based approach are to be considered. However, we will try to outline a research agenda that, on the one hand, takes fully stock of the empirical knowledge we have on changes, transformations, developments occurred in the way courts work and, on the other hand, focuses on the normative frameworks from which judicial behaviors draw standards and guidelines. As the reader is going to see, these frameworks do not stem exclusively from the state nor from domestic political and legal institutions. Not to make things too simple where they are not, we will also argue that recent and new developments did not erase the legacies of the past. Therefore, it seems rather that courts stay as bridges between the past and the future, plugged into the legitimacy offered them by the national laws and aiming at the legitimacy promised them by the transnational norms and values nowadays emerging in a wide range of arenas and institutions.
2010
Legal Cultures in Central and Eastern Europe
201
219
D. Piana
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/81702
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