EAN: 9783161600692

GRUNDLAGEN DER RECHTSWISSENSCHAFT PUBLIC EPIS...

Inter- and supranational courts derive their legitimacy partly from an institutional
comparison: judges' legal expertise and the quality of judicial procedures justify a court's
claim to authority towards other branches of government and other courts with overlapping
jurisdiction. To provide a benchmark for assessing judicial outcomes that is compatible with
democratic commitments  Johann Laux suggests a new normative category  Public Epistemic
Authority (PEA). It builds on the mechanisms behind theories of collective intelligence and
empirical research on judicial decision-making. PEA tracks judges' collective ability to
reliably identify breaches of law. It focuses on cognitive tasks in adjudication. The author
applies PEA to the Court of Justice of the European Union and offers suggestions for improving
its institutional design.

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