The Judicialization of Mega-Politics and the Rise of Political Courts

@article{Hirschl2008TheJO,
  title={The Judicialization of Mega-Politics and the Rise of Political Courts},
  author={Ran Hirschl},
  journal={Annual Review of Political Science},
  year={2008},
  volume={11},
  pages={93-118}
}
  • Ran Hirschl
  • Published 28 May 2008
  • Law, History
  • Annual Review of Political Science
In recent years, the judicialization of politics worldwide has expanded its scope to encompass what we may term “mega-politics”—matters of outright and utmost political significance that often define and divide whole polities. In this article, I explore the scope and nature of judicialization of this kind. I begin by identifying the characteristics of the judicialization of mega-politics and by surveying the main explanations for its emergence. I then illustrate the various forms and… 

Judicialization of politics or politicization of the judiciary? Considerations from recent events in Thailand

Abstract Courts are becoming major players in the political landscape of Southeast Asia. This paper seeks to examine the causes and consequences of this new trend with particular reference to

PROTECTING POLITICAL RIGHTS OR INTERFERING IN THE POLITICAL ARENA?

  • F. Lima
  • Political Science, Law
    HUMANITIES AND RIGHTS GLOBAL NETWORK JOURNAL
  • 2020
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

Democracy, judicialisation and the emergence of the Supreme Court as a policy-maker in Mexico

In 1994, four days after taking office, Ernesto Zedillo, the last president to govern Mexico emerging from the once hegemonic National Revolutionary Party, promoted a major redesign of the Supreme

The judicialisation of EMU politics: Resistance to the EU's new economic governance mechanisms at the domestic level

Courts are increasingly asked to deal with fundamental political disagreements in liberaldemocracies. Because of its political salience and the extent of its consequences, the crisis of the

Courts As Political Actors: Resistance to the Eu's New Economic Governance Mechanisms at the Domestic Level

Courts are increasingly considered to be political actors in liberal democracies as they deal with fundamental disagreements within a given polity. Because of its political salience and the extent of

A Tale of Two Courts: The Judicialization of Electoral Politics in Asia

This article examines the judicialization of electoral politics in Asia, an important but understudied trend, as demonstrated in Thailand and Indonesia. Though the constitutional courts in both have

EPILOGUE: COURTS AND DEMOCRACY BETWEEN IDEALS AND REALITIES

In the past few decades, more than 150 countries and several supranational entities, ranging from South Africa to the European Union and covering approximately three-quarters of the world’s

The DNA of Constitutional Justice in Latin America: Politics, Governance, and Judicial Design

In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social,

Judicial Politics versus Ordinary Politics: Is the Constitutional Judge Caught in the Middle?

Democratic politics are built upon the majority principle, but no contemporary constitutional democracy can live on that principle alone. To sustain key anti-majoritarian pillars of democracy, such

The political dynamics of constitutional review

A prominent argument in the judicial politics literature expects courts to project their authority and induce governments to ‘auto-limit’ their policy choices. Still, the regularity with which
...

References

SHOWING 1-10 OF 80 REFERENCES

The New Constitutionalism and the Judicialization of Pure Politics Worldwide

Despite the increasing prevalence of the judicialization of politics - the ever-accelerating reliance on courts worldwide for addressing core moral predicaments, public policy questions, and

The Global Expansion of Judicial Power

In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin

The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government

What role do courts play in the establishment and maintenance of constitutional democracies? To address this question, we elaborate a model that draws on existing substantive literature and on

The judicialization of politics in Latin America

Introduction:The Judicialization of Politics in Latin America R.Sieder, L.Schjolden& A.Angell Judicialization of Politics: The Changing Political Role of the Judiciary in Mexico P.Domingo Changing

Judicializing Politics, Politicizing Law

I INTRODUCTION Since World War II, there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. This shift, which has been called

Towards Juristocracy: The Origins and Consequences of the New Constitutionalism

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The

Law versus the State: The Judicialization of Politics in Egypt

  • T. Moustafa
  • Political Science
    Law & Social Inquiry
  • 2003
This study seeks to explain the paradoxical expansion of constitutional power in Egypt over the past two decades, despite that country's authoritarian political system. I find that the Egyptian

How Political Parties Can Use the Courts to Advance Their Agendas: Federal Courts in the United States, 1875–1891

  • H. Gillman
  • Law, Political Science
    American Political Science Review
  • 2002
This case study of late-nineteenth century federal courts in the United States sheds light on two seemingly unrelated questions of general interest to political scientists: What tools are available

Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so - and their critics say that this position

Coercing Virtue: The Worldwide Rule of Judges

In Coercing Virtue, leading social and legal commentator Judge Robert H. Bork focuses his gaze on one of the most powerful but overlooked forces in a long-running and now global culture war: judges.
...