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This chapter tests the theoretical explanations using judgment and survey data. It finds that institutional factors predict more frequent and ‘harder’ forms of court’s use of soft law, in particular a country’s legal style and the characteristics of the administrative judiciary. Actor-centered factors have less explanatory power, except for judges’ attitude towards soft law.

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Why Courts Use Soft Law: Evidence from Judgments and Survey Data

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  • 发表日期：

    2025年

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  • Adam Eick

摘要

This chapter tests the theoretical explanations using judgment and survey data. It finds that institutional factors predict more frequent and ‘harder’ forms of court’s use of soft law, in particular a country’s legal style and the characteristics of the administrative judiciary. Actor-centered factors have less explanatory power, except for judges’ attitude towards soft law.