Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.
Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the...

This book compares how and why the European Court of Justice, the French Cour de cassation and the United States Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.

Fundamental rights are exploding across all areas of law in Europe. This rights revolution is transforming European judicial culture and the judge's political role at breakneck speed. Not only have fundamental rights become an integral part of litigation in the domestic and European courts, but their advent has provoked an ongoing revolution in French and European procedural, doctrinal, institutional and conceptual structures.
Grounded in comparative law and political science, this book tells the story of the rights revolution. Part of the story is social and intellectual. As the polity...