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The conclusion identifies the key turning points in the Court’s jurisprudence in light of the established theoretical framework and presents several key findings that further the debate on judicial politics and on the backlash. The main takeaway is that international courts may not always attempt to expand their power. On the contrary, concern for institutional survival or public image may compel them to under-utilize their power. Courts will follow forbearing or selectively forbearing policies to prevent or mitigate political pushback or backlash. They will reserve audacity or selective audacity for moments when they feel safe from political repercussions. Drawing upon my analysis of the Court over five decades, I call for historicizing the current instances of backlash against international courts and liberal institutions. At least in the context of the European Court, an important lesson is that the backlash is not unique to today’s political climate. The Court has seen different episodes of backlash and, as a result, it has forged a resilience strategy to fend off or pre-empt backlash. Such strategies can also be traced in other courts and institutions with delegated authority.
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