Intermediate Constraints and Moderate Deference
Published online by Cambridge University Press: aN Invalid Date NaN
This chapter describes how the Caribbean Court of Justice is embedded within colonial legacies that have affected regional political norms and legal culture. It shows the CCJ’s decisions are characterized by moderate deference, infrequently ruling in favor of states and typically eschewing restrictive interpretation. More deference, however, is observed through the Court’s remedial orders. The chapter links the CCJ’s tendency to not defer to its intermediate political constraints. Specifically, the CCJ’s strategic space is shaped by high formal independence that is partially offset by homogeneous state preferences. These factors combine to affect the Court’s legitimacy and signal when state resistance might be feasible and credible. In particular, the CCJ defers more when states are clearly aligned. The Court’s nondeference is facilitated by the Court’s practices of persuasive argumentation and public legitimation. The chapter also suggests the CCJ’s support network lacks the robustness necessary to account for its moderate deference.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.