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Journal articles on the topic 'Judicialization of the politics'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

LIN, Chien-Chih. "The Judicialization of Politics in Taiwan." Asian Journal of Law and Society 3, no. 2 (2016): 299–326. http://dx.doi.org/10.1017/als.2016.10.

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AbstractThe judicialization of politics in Taiwan is particularly evident in three domains: the expansion of judicial power, a shift in political equilibrium, and litigation for social change. Yet it is not altogether clear why politicians and social groups are willing to transfer decision-making powers from the political branches to the judiciary, particularly the Constitutional Court. This paper endeavours to fill this academic lacuna by suggesting that the judicialization of politics occurs in Taiwan because both politicians and citizens choose the judiciary as another agent to implement th

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2

Perwira, Indra. "Refleksi Fenomena Judicialization of Politics pada Politik Hukum Pembentukan Mahkamah Konstitusi dan Putusan Mahkamah Konstitusi." Jurnal Konstitusi 13, no. 1 (2016): 25. http://dx.doi.org/10.31078/jk1312.

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This paper aims to introduce the phenomenon of judicialization of politics in the treasury of legal thought in Indonesia. In addition, this paper also aims to reflect the presence of judicialization of politics in the Constitutional Court, either through legal policy on establishment of constitutional court or through its decisions. Theoretically, the phenomenon of judicialization of politics began to be known at the beginning of the 21st century characterized by the dependence of society to the court to resolve the issues related to morality, public policy, and political controversies. The pr

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3

Harrington, R. b. B. "On Law, Politics, and Judicialization." International Journal of Constitutional Law 2, no. 3 (2004): 561–68. http://dx.doi.org/10.1093/icon/2.3.561.

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4

Steytler, Nico. "The Judicialization of Namibian Politics." South African Journal on Human Rights 9, no. 4 (1993): 477–99. http://dx.doi.org/10.1080/02587203.1993.11827922.

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5

Aydın-Çakır, Aylin. "Judicialization of Politics by Elected Politicians." Political Research Quarterly 67, no. 3 (2014): 489–503. http://dx.doi.org/10.1177/1065912914533997.

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6

Pederzoli, Patrizia, and Carlo Guarnieri. "The judicialization of politics, Italian style." Journal of Modern Italian Studies 2, no. 3 (1997): 321–36. http://dx.doi.org/10.1080/13545719708454956.

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7

Landfried, Christine. "The Judicialization of Politics in Germany." International Political Science Review 15, no. 2 (1994): 113–24. http://dx.doi.org/10.1177/019251219401500203.

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8

Holmstrom, Barry. "The Judicialization of Politics in Sweden." International Political Science Review 15, no. 2 (1994): 153–64. http://dx.doi.org/10.1177/019251219401500207.

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9

Edelman, Martin. "The Judicialization of Politics in Israel." International Political Science Review 15, no. 2 (1994): 177–86. http://dx.doi.org/10.1177/019251219401500209.

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10

Abebe, Daniel, and Tom Ginsburg. "The Dejudicialization of International Politics?" International Studies Quarterly 63, no. 3 (2019): 521–30. http://dx.doi.org/10.1093/isq/sqz032.

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AbstractFor many, the growing judicialization of international relations is the next step in the process toward the complete legalization of international politics. We draw on the literature in comparative judicial politics to examine the limits of the phenomenon. The domestic literature on judicialization portrays the process as something of a one-way ratchet. In an increasingly juridified world, judges have been asked to take on greater roles in global governance, and they seem to be doing so with aplomb. This in turn incentivizes individuals and interest groups to frame their policy claims

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11

Newell, James L. "Americanization and the judicialization of Italian politics." Journal of Modern Italian Studies 10, no. 1 (2005): 27–42. http://dx.doi.org/10.1080/1354571042000333351.

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12

Mazmanyan, A. "Judicialization of politics: The post-Soviet way." International Journal of Constitutional Law 13, no. 1 (2015): 200–218. http://dx.doi.org/10.1093/icon/mov003.

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13

Sunkin, Maurice. "Judicialization of Politics in the United Kingdom." International Political Science Review 15, no. 2 (1994): 125–33. http://dx.doi.org/10.1177/019251219401500204.

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14

Beširević, Violeta. "Making Sense of the Political Question Doctrine: The Case of Kosovo." Review of Central and East European Law 46, no. 1 (2021): 91–130. http://dx.doi.org/10.1163/15730352-bja10041.

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Abstract Ever since it was announced in Madison v. Marbury, and articulated in Baker v. Carr, the political question doctrine that tends to exclude ‘mega politics’ from judicial check has been a controversial tool of judicial abstention. Not only that it is not universally applied, but it seems also to be losing significance even in countries of its usual influence due to extensive judicialization of ‘mega politics,’ which implies that there is no claim which the courts will not hear. Based on the judicialization of the Kosovo conflict, this paper shows why the doctrine deserves to be revived

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15

Satrio, Abdurrachman. "Kewenangan Mahkamah Konstitusi Memutus Perselisihan Hasil Pemilu Sebagai Bentuk Judicialization 0f Politics." Jurnal Konstitusi 12, no. 1 (2016): 117. http://dx.doi.org/10.31078/jk1217.

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Judicialization of politics are the phenomenon which usually happen in a democratic constitutional state, which cause power movement to resolve problems which related to public policy making and political nature, from the political institution to judicial institution. In Indonesia this phenomenon arise in the authority of the Constitutional Court, especially in the authority of the Constitutional Court when they adjudicate electoral result dispute, whichs so far, most widely submitted cases to the Constitutional Court. But, as a independent and impartial judicial institution the Constitutional

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16

Sieder, Rachel. "Revisiting the Judicialization of Politics in Latin America." Latin American Research Review 55, no. 1 (2020): 159–67. http://dx.doi.org/10.25222/larr.772.

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17

Randeria, Shalini. "De-politicization of Democracy and Judicialization of Politics." Theory, Culture & Society 24, no. 4 (2007): 38–44. http://dx.doi.org/10.1177/0263276407080398.

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18

Kapiszewski, Diana. "The Judicialization of Politics in Latin America (review)." Latin American Politics & Society 49, no. 3 (2007): 207–11. http://dx.doi.org/10.1353/lap.2007.0033.

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19

Galnoor, Itzhak. "The Judicialization of the Public Sphere in Israel." Israel Law Review 37, no. 2-3 (2004): 500–542. http://dx.doi.org/10.1017/s002122370001253x.

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AbstractJudicialization in this article is the predisposition to find a solution in adjudication to types of dispute that had been settled previously in a socio-economic-political framework. “Legislative judicialization” (or over-legalization) is also a predisposition according to which the variegated spheres of our lives need to be regulated through a formal code of laws. In the political arena the questions relating to judicialization are: Is the assumption that legal decisions are able to save politics – mainly democratic values and abiding by the derived rules of the game – a valid one? Ca

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20

Vallinder, Torbjörn. "The Judicialization of Politics—A World-wide Phenomenon: Introduction." International Political Science Review 15, no. 2 (1994): 91–99. http://dx.doi.org/10.1177/019251219401500201.

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21

Tolley, Michael C. "Judicialization of Politics in Europe: Keeping Pace with Strasbourg." Journal of Human Rights 11, no. 1 (2012): 66–84. http://dx.doi.org/10.1080/14754835.2012.648151.

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22

Kim, Byeongro. "Excessive Judicialization of Politics and Problems of Judicial State." Legal Studies Institute of Chosun University 28, no. 1 (2021): 105–48. http://dx.doi.org/10.18189/isicu.2021.28.1.105.

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23

Perlingeiro, Ricardo. "RECOGNIZING THE PUBLIC RIGHT TO HEALTHCARE: THE APPROACH OF BRAZILIAN COURTS." Revista de Investigações Constitucionais 1, no. 1 (2014): 19. http://dx.doi.org/10.5380/rinc.v1i1.40246.

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This paper considers aspects of the judicialization of health care policy in Brazil. It discusses the issue in the context of the separation of the powers of government, judicial protection of the public right to healthcare, the so-called “technical administrative discretionary prerogatives,” and finally, the need for a budget to provide for the efficacy of court decisions. To further the analysis of Brazil’s treatment of the judicialization of politics this paper also compares Brazil’s experience with the experience of other countries witnessing the same phenomenon.

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24

Coletto, Bruno Irion, and Pedro Da Silva Moreira. "CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2018): 358–93. http://dx.doi.org/10.17768/pbl.v3i3-4.34414.

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The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts rega

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25

Coletto, Bruno Irion, and Pedro Da Silva Moreira. "CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2018): 358–93. http://dx.doi.org/10.17768/pbl.v3i3-4.p358-393.

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The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts rega

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26

Coletto, Bruno Irion, and Pedro Da Silva Moreira. "CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2015): 358–93. http://dx.doi.org/10.17768/pbl.y3.n3-4.p358-393.

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The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts rega

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27

Coletto, Bruno Irion, and Pedro Da Silva Moreira. "CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 3, no. 3-4 (2018): 358–93. http://dx.doi.org/10.17768/pbl.y3n3-4.p358-393.

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The right to healthcare in Brazil is seriously protected by the courts. Judicialization of everyday implementation of this public policy is a fact. One explanation may be provided by the way judges understand the effectiveness of this right. People hold subjective right to individualized healthcare benefits, and so they hold standing to sue the state in order to achieve it, regardless any consideration of public policies. Through an analysis of the jurisprudence on this issue, this paper aims to provide a critical understanding not just about what is actually happening in Brazilian courts rega

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28

Bisariyadi, Bisariyadi. "Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang." Jurnal Konstitusi 12, no. 3 (2016): 473. http://dx.doi.org/10.31078/jk1233.

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In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-

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29

IMAIZUMI, Shinya. "TAMADA Yoshifumi (ed.), Democracy and Judicialization of Politics." Southeast Asia: History and Culture 2018, no. 47 (2018): 187–91. http://dx.doi.org/10.5512/sea.2018.47_187.

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30

Nogueira, Ary Jorge Aguiar. "State of the Art Research in the Judicialization of Politics." Beijing Law Review 11, no. 03 (2020): 670–89. http://dx.doi.org/10.4236/blr.2020.113041.

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31

Vale, Helder Ferreira do. "The judicialization of territorial politics in Brazil, Colombia and Spain." Brazilian Political Science Review 7, no. 2 (2013): 88–113. http://dx.doi.org/10.1590/s1981-38212013000200004.

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32

Scribner, Druscilla L. "The Judicialization of (Separation of Powers) Politics: Lessons from Chile." Journal of Politics in Latin America 2, no. 3 (2010): 71–97. http://dx.doi.org/10.1177/1866802x1000200303.

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33

Moustafa, Tamir. "Law versus the State: The Judicialization of Politics in Egypt." Law Social Inquiry 28, no. 4 (2003): 883–930. http://dx.doi.org/10.1111/j.1747-4469.2003.tb00826.x.

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34

Tate, C. Neal. "The Judicialization of Politics in the Philippines and Southeast Asia." International Political Science Review 15, no. 2 (1994): 187–97. http://dx.doi.org/10.1177/019251219401500210.

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35

Sezgin, Yüksel, and Mirjam Künkler. "Regulation of “Religion” and the “Religious”: The Politics of Judicialization and Bureaucratization in India and Indonesia." Comparative Studies in Society and History 56, no. 2 (2014): 448–78. http://dx.doi.org/10.1017/s0010417514000103.

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AbstractThis article compares the strategies through which Hindu-majority India and Muslim-majority Indonesia have regulated religion and addressed questions of what constitutes “the religious” in the post-independence period. We show that the dominant approach pursued by the Indian state has been one of judicialization—the delegation of religious questions to the high courts—while in Indonesia it has predominantly been one of bureaucratization—the regulation of religious issues by the Ministry of Religious Affairs. Contrary to the expectation that judicialization devitalizes normative conflic

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36

Hirschl, Ran. "The Judicialization of Mega-Politics and the Rise of Political Courts." Annual Review of Political Science 11, no. 1 (2008): 93–118. http://dx.doi.org/10.1146/annurev.polisci.11.053006.183906.

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37

Lima, Flavia Danielle Santiago. "PROTECTING POLITICAL RIGHTS OR INTERFERING IN THE POLITICAL ARENA?" HUMANITIES AND RIGHTS GLOBAL NETWORK JOURNAL 2, no. 2 (2020): 164–207. http://dx.doi.org/10.24861/2675-1038.v2i2.24.

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The interactions between legal and political system has been strengthened in recent years, especially through judicial review, with the transference to Courts of themes that define and divide a political system. In brazilian case, in the absence of legislative deliberation some of these discussions are forwarded Brazilian courts, who gave controversial decisions about “mega politics”. So, the research´s question “” is the Brazilian Federal Supreme Court (re) building electoral legislation, as a manifestation of judicial activism, interfering in mega politics?The study starts from a theoretical

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38

DE BIÈVRE, DIRK, and ARLO POLETTI. "Judicial Politics in International Trade Relations: Introduction to the Special Issue." World Trade Review 14, S1 (2015): S1—S11. http://dx.doi.org/10.1017/s1474745615000129.

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International institutions have acquired an almost obvious presence in international politics and the question of their design has received prominent attention in recent years. Apart from key organizational characteristics like size of their membership, policy scope, depth of cooperation, decision-making rules, and their degree of openness towards non-state actors, one of their most striking features is their differing degree of legalization or judicialization (Goldstein and Martin, 2000; Zangl, 2008). Some institutions possess strong enforcement mechanisms or rules, while others rely on volun

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39

Hirschl, Ran. "Resituating the Judicialization of Politics: Bush v. Gore as a Global Trend." Canadian Journal of Law & Jurisprudence 15, no. 2 (2002): 191–218. http://dx.doi.org/10.1017/s0841820900003593.

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The availability of a constitutional framework that encourages deference to the judiciary, and the existence of a political environment conducive to judicial empowerment have helped bring about a growing reliance on adjudicative means for articulating, framing, and settling fundamental moral controversies and highly contentious political questions. This has resulted in the gradual erosion of the exclusive prerogatives of legislatures and executives.

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40

DRESSEL, BJÖRN, and MARCUS MIETZNER. "A Tale of Two Courts: The Judicialization of Electoral Politics in Asia." Governance 25, no. 3 (2012): 391–414. http://dx.doi.org/10.1111/j.1468-0491.2012.01571.x.

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41

He, Xin. "Judicial Innovation and Local Politics: Judicialization of Administrative Governance in East China." China Journal 69 (January 2013): 20–42. http://dx.doi.org/10.1086/668805.

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42

Irion Coletto, Bruno, and Pedro da Silva Moreira. "CONSTITUTIONALISM AND JUDICIALIZATION OF POLITICS: THE “JUDICIAL” RIGHT TO HEALTHCARE IN BRAZIL." Panorama of Brazilian Law 3, no. 3-4 (2015): 358–93. http://dx.doi.org/10.17768/pbl.a3.n3-4.p358.

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43

Kate, Jan Ten, and Peter J. Van Koppen. "Judicialization of Politics in The Netherlands: Towards a Form of Judicial Review." International Political Science Review 15, no. 2 (1994): 143–51. http://dx.doi.org/10.1177/019251219401500206.

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44

Moustafa, Tamir. "The Judicialization of Religion." Law & Society Review 52, no. 3 (2018): 685–708. http://dx.doi.org/10.1111/lasr.12350.

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45

Schwarz, Rodrigo Garcia. "Social rights as fundamental rights and the judicialization of policies: some considerations." JURIS - Revista da Faculdade de Direito 28, no. 2 (2018): 11–38. http://dx.doi.org/10.14295/juris.v28i2.8470.

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The effective constitutional recognition of social rights, by itself, establishes—in any circumstance, even in times of economic crisis—a “hard” nucleus, unavailable to the various public and/or political agents and authorities (including the courts) in terms of meeting social demands, in a manner that this minimum will constitute, in the action of these various agents and authorities, including in the scope of the Public Administration’s actions, an insurmountable barrier that requires permanent boundaries and a certain integration between justice and politics, among judges, legislators and a

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46

Sands, Philippe. "Reflections on International Judicialization." European Journal of International Law 27, no. 4 (2016): 885–900. http://dx.doi.org/10.1093/ejil/chw052.

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47

Ginsburg, Tom. "Courts and New Democracies: Recent Works." Law & Social Inquiry 37, no. 03 (2012): 720–42. http://dx.doi.org/10.1111/j.1747-4469.2012.01318.x.

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Recent literature on comparative judicial politics reveals a variety of roles that courts adopt in the process of democratization. These include, very rarely, serving as a trigger for democratization and, more commonly, serving as downstream guarantor for departing autocrats or as downstream consolidator of democracy. In light of these roles, this article reviews six relatively recent books: Courts in Latin America, edited by Helmke and Rios-Figueroa (2011); Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile, by Hilbink (2007); Cultures of Legality: Judicialization and Po

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48

Shambayati, Hootan. "A TALE OF TWO MAYORS: COURTS AND POLITICS IN IRAN AND TURKEY." International Journal of Middle East Studies 36, no. 2 (2004): 253–75. http://dx.doi.org/10.1017/s0020743804362057.

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Countries such as Iran and Turkey do not fit comfortably into the democratic and authoritarian categories. In these countries, elections are held regularly, and the will of the people is accepted as one source of sovereignty. At the same time, both constitutionally and in practice the elected officials have to share the exercise of political power with institutions that do not draw their power directly from the will of the people. In such systems, the judiciary has two important political functions. First, the judiciary acts as a politically insulated decision-maker through which the unelected

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49

Mosler, Hannes. "Judicialization of Politics and the Korean Constitutional Court: the Party Chapter Abolition Case." Verfassung in Recht und Übersee 47, no. 3 (2014): 293–318. http://dx.doi.org/10.5771/0506-7286-2014-3-293.

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50

Domingo, Pilar. "Judicialization of politics or politicization of the judiciary? Recent trends in Latin America." Democratization 11, no. 1 (2004): 104–26. http://dx.doi.org/10.1080/13510340412331294152.

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