Tommaso Pavone (The University of Arizona – School of Government and Public Policy) has posted The Ghostwriters: Lawyers and the Politics behind the Judicial Construction of Europe (Chapter 1) (Pavone, Tommaso. 2022. The Ghostwriters: Lawyers and the Politics behind the Judicial Construction of Europe. Cambridge University Press) on SSRN. Here is the abstract:
Chapter 1 of “The Ghostwriters: Lawyers and the Politics behind the Judicial Construction of Europe” (Cambridge University Press 2022) illuminates the concealed politics behind the growing reliance on law and courts to shape public policy and resolve political struggles. Focusing on what is often depicted as a cradle of judicial activism and the "judicialization of politics" – the European Union (EU) – the chapter develops a revisionist theory of lawyers, courts, and political development that animates this book. Beneath the radar, the EU's political development through law is an exemplary story of how lawyers mobilize courts to catalyze institutional change – alongside the limits, mutations, and consequences accompanying these efforts. It is a story that places in stark relief how political orders forged through networks of courts emerge, why judges would resist these institutional changes when they would augment their own power, and the conditions whereby lawyers can overcome bureaucratic and political resistances to judicialization. The chapter introduces the concept of ghostwriting to describe lawyers who act as agents of change while cloaked behind the sheepskin of rights-conscious litigants and activist judges. It then outlines a research design to exhume how the politics of lawyers shaped the tortuous development of the world’s sole supranational polity, concluding with a roadmap for the rest of the book.