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Critical Outline of Judicialization of Politics

Publication at Faculty of Law |
2016

Abstract

The paper deals with judicialization of politics. In constitutional democracies, the political system is limited by the legal framework, which is usually enforceable before court.

The courts, therefore, by definition, to a certain extent co-decide on the form and content of policy. The current radicalization of society is, in my opinion, largely caused by the depoliticization of the public affairs.

The role of judges on the other hand cannot be overstated. Here I present a critical perspectives on the role of judges in the political process.

My aspiration is not to present an absolutely objective account of the issue, but to present and defend critical arguments intended to be an incentive to launch a debate on the outlined issues. I present this process as a risk to the current political system, which limits politics and the public in their ability to decide on important societal issues and subsequently to accept responsibility for these decisions.

My article should not be seen primarily as a critique of judicial power; but as a warning against the weakness of the political environment, which results in the politicization of the judiciary, which brings substantial risk nationwide.