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Judicial Embedding Strategies

Democracy
Courts
Rule of Law
David Kosar
Masaryk University
David Kosar
Masaryk University

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Abstract

Due to the changing nature of the polarization of European societies, court communication (broadly understood) with various segments of the society, including the ordinary people, becomes more important than ever. We live in the disinformation age and apex courts can easily be portrayed as detached from the ordinary people. This endangers their social embeddedness, which in turn might increase the likelihood of the acceptance of court-curbing. Courts thus should proactively respond to this challenge by adopting embedding strategies aimed at all segments of society, and not just the elites. The aim of this contribution is to analyze which embedding strategies work as well as to discuss the risks and limits which courts and judges face when they engage in these embedding strategies.