The Judicialization of Mega-Politics and the Rise of Political Courts
Bibliographic Data
| ID | 6232792 |
|---|---|
| Authors | Ran Hirschl (0000-0002-3025-8040, University of Toronto, corresponding author) |
| Year | 2008 |
| Volume | 11 |
| Issue | 1 |
| Pages | 93-118 |
| Publication date | 2008-06-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Annual Review of Political Science (BOOK_SERIES) |
| Journal identifiers | ISSN: 1094-2939 • E-ISSN: 1545-1577 |
| Publisher | Annual Reviews (PUBLISHER • US) |
| DOI | 10.1146/annurev.polisci.11.053006.183906 |
| OpenAlex | W2135872986 |
| Language | EN |
| Citations received | 131 |
| References cited | 52 |
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 manifestations of the judicialization of mega-politics through recent examples drawn from jurisprudence of courts and tribunals worldwide. Next, I explore recent studies that advance a strategic “judicialization-from-above” account, which emphasizes support from the political sphere as a necessary precondition for judicialization of pure politics. To further illustrate this point, I survey patterns of political reaction to recurrent manifestations of unsolicited judicial intervention in the political sphere in general, and unwelcome judgments concerning contentious political issues in particular
Jurisprudence · Law and economics · Political science · Politics · Scope (computer science · Sociology · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies
Cooptation justice
Entre freios e contrapesos
Justice and Vulnerability in Europe
Foundations of Public Law
Asylum access adjudication
Judicial Decisions, Backlash and Secessionism
The Constitutional Court and the judicialization of Spanish politics
Which Power Decides on the Basic Human Goods of John Finnis' Natural Law Theory in Brazilian Democracy
Understanding Accountability in Democratic Governance
Los Límites del Futuro
Institutions for Protecting Constitutional Democracy
Guarantor Institutions
Intergenerational Preparedness
Non-binding Sources in Law
Non-audit Engagements and the Creation of Public Value
Enquadrar representações, confiar em instituições e legitimar um Poder
Majoritarian politics in a consensus democracy
The agenda premises of the judicialization of politics
Expertocracy as thin-centered ideology
Extracting environmental justice
The Demand for Insurance
Money in Electoral Campaigns
Creating loyalty
Non-ideal theory of constitutional adjudication
Trusting the Courts
Approaching the boundary problem
Backlash against international courts
Failing, writing, litigating
Resistance against the Court of Justice of the European Union
The limits of international adjudication
After the Rights Revolution
Social Rights Constitutionalism
Lawyers, judges, and the obstinate state
A judicialisation of healthcare policies in Denmark and Spain? The universalist healthcare model meets the European Union
Two-level politics and the backlash against international courts
Legislative language and judicial politics
Lifting the veil of secrecy – dissenting opinions in the subnational constitutional courts of Germany
A master of two servants
Human Rights as Demands for Communicative Action
Limiting bureaucratic discretion? Analyzing the design and exercise of administrative judicial review in the welfare sector
Judicialization of politics or politicization of the judiciary? Considerations from recent events in Thailand
A Fresh Look at the Issue of Non-justiciability of Defence and Foreign Affairs
Justices and Political Loyalties
How Bureaucracies Listen to Courts
Judicial Populism
Constituting Religious Conflict in a Multicultural State
International Arbitration and Judicial Politics in Authoritarian States
Free Expression and Judicial Power in Colombia, India, and South Africa
The Judicial Politics of Burqa Bans in Belgium and Spain—Socio-Legal Field Dynamics and the Standardization of Justificatory Repertoires
The Supreme Court and the Allocation of Burden
The People’s Court
Political Failure, Judicial Opportunity
A reforma política pelo judiciário
Embedding constitutional rights
Religious Identity and Health Inequalities in Canada
Legalization, Judicialization, Lawfare
The Constitutional Imagination
Powerful resistance against a long-running personal crusade
In the Name of Integrity? Anticorruption Discourse of Brazilian Operation Lava Jato
Adjudicating electoral disputes or judicialising politics? The Supreme Court of Ghana and the disputed 2012 presidential election in perspective
Caricom and the 2020 unsettled elections in Guyana
Jueces en la política o políticos en los tribunales? Reflexiones en torno a la judicialización de la política a partir de casos de América Latina
Decidindo por não decidir? A atuação do Tribunal Superior Eleitoral no campo do constitucionalismo digital
La criminalización de la protesta en el sur austral de chile. Los propietarios agrícolas de la provincia de Llanquihue en la reforma agraria de la Unidad Popular, 1970-1973
A sociedade civil contra a população
A judicialização da saúde e a gestão biopolítica da vida
Judicial Review in a Defective Democracy
Nationalism in the Judicialization and Culturalization of Religion
Judicial Legislation
Concentrated judicial review in Brazil and Colombia
Securing “Functional” Legal Eternity in Italy
Interpretative theories as roadmaps to constitutional identity
Ordonner ou contester l’économie européenne par le droit
Choosing to Reform the Judiciary
Congresspeople in the Courtroom
From birth to agony
Sticking to Our Lanes
Resisting Democratic Backsliding From Within the State
Agenda decisória do Supremo Tribunal no período de transição democrática
Speaking Law to Power
Leveling and Spotlighting
Sovereignty, Substance, and Public Support for European Courts’ Human Rights Rulings
Políticas Públicas E Tutela Coletiva
O Supremo Tribunal Federal
A juridicização e o campo indigenista no Brasil
Criação De Políticas Públicas Pelos Juízes
Confidence in the Judiciary
From the rule of law to the rule of rules
Epilogue
The State of American Federalism 2023–2024
The Canadian Reference Power
The institutionalization of relative advantage
Rights and American Constitutional Identity
In Pursuit of “Contemporary Civilization
The Realist Turn in Comparative Constitutional Politics
Comparative Sources of Judicial Empowerment
Judicialization and Health Policy in Colombia
The Law’s Majestic Equality? The Distributive Impact of Judicializing Social and Economic Rights
Populism and Backlashes against International Courts
Who are judicial decisions meant for? The ‘global community of law’ in Southern Africa
A sociological theory of law
Judges beyond Politics in Democracy and Dictatorship
Judicial Review in New Democracies
Multicultural Jurisdictions
Governing with Judges
Juridification of Social Spheres
The Judicialization of Politics in Latin America
Justice Contained
The Judicial Construction of Europe
Courts under Constraints
On Law, Politics, and Judicialization
The Rights Revolution
The Politics of Constitutional Review in Germany
The Power of Judges
Political Foundations of Judicial Supremacy
The Puzzling (In)Dependence of Courts
The Core of the Case against Judicial Review
Judicializing Politics, Politicizing Law
Choosing Not To Choose
Democracy and Distrust
Banning Parties
The Nonmajoritarian Difficulty
Law versus the State
Law and politics in the European Union
Interpose Your Friendly Hand”
The European Court of Justice, National Governments, and Legal Integration in the European Union
Judicial Independence and the Reality of Political Power
The Effect of the Charter of Rights on Canadian Federalism
The Globalization of American Law
The Construction of the Rule of Law in Argentina
A Quiet Revolution
Legal Defeats—Political Wins
A Critical Guide Tobush V. Gorescholarship
The Supreme Court and the US Presidential Election of 2000
The Question of Case Selection in Comparative Constitutional Law
The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government
Why Are Japanese Judges So Conservative in Politically Charged Cases
How Political Parties Can Use the Courts to Advance Their Agendas
| Unique citing works | 131 |
|---|---|
| Citations per year | 7,71 |
| Citation span | 2009 - 2026 (18) |
| Citation velocity | current |
| Highly cited | Yes |
| Citation types | Neutral: 129 |