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22 - Epilogue: Of Judges and Trust

from Part V - Cross-Cutting Issues of Fundamental Rights in the AFSJ

Published online by Cambridge University Press:  06 August 2021

Sara Iglesias Sánchez
Affiliation:
Court of Justice of the European Union
Maribel González Pascual
Affiliation:
Universitat Pompeu Fabra, Barcelona
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Summary

This chapter offers a broad reflection on the difficulties and challenges that the notion of trust presents for judges. After a historical excursion, it demonstrates how basing the operation of an area of law on trust is likely to clash with a rich and powerful bundle of ideas and historical experience at national level. This epilogue invites us to consider a shift in paradigm from law based on trust to trust based on law: ‘Seen this way, trust is not a pre-requisite for the law, but rather something that the law and social interaction generate. Trust becomes the end destination, not the starting point.’

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Publisher: Cambridge University Press
Print publication year: 2021

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