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Recherches sur le fondement de la légitimité judiciaire

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Chapter Summary

First, by judicial "legitimacy" this chapter refers to the speech to justify the powers exercised by a judge but the social sentiment surrounding the activity of the judge, in which this activity draws the foundations of its grip on the social sphere. To understand the basis of judicial legitimacy, it is necessary somehow to find, the "stalk" wherever it manifests itself clearly where the deep springs become observable. In this respect, it is the most controversial assumptions which to observe this legitimacy openly, since sometimes they raise tensions between the basis of the judicial power and other sources of legitimacy, such as popular sovereignty and the consent of States. The chapter discusses two assumptions: controllability laws constituted by the judge and prosecution of international crimes in some transition situations. It discusses the judge's role during three revolutions, and the formation of judicial function in turn of 12TH to 13TH centuries.

Keywords: international law; judicial legitimacy; controllability laws; international crimes; judge's role; judicial function



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