Judicialisation, Democracy and European Integration
Bibliographic Data
| ID | 7998067 |
|---|---|
| Authors | R Daniel Kelemen (0000-0002-0622-8036, corresponding author) |
| Year | 2013 |
| Volume | 49 |
| Issue | 3 |
| Pages | 295-308 |
| Publication date | 2013-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Representation (JOURNAL) |
| Journal identifiers | ISSN: 0034-4893 • E-ISSN: 1749-4001 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/00344893.2013.830482 |
| OpenAlex | W1995309649 |
| Language | EN |
| Citations received | 9 |
| References cited | 41 |
The process of European integration has encouraged a substantial judicialisation of politics across EU member states. Critics of 'government by judges' suggest that this judicialisation undermines democracy by substituting the decisions of unelected, unaccountable judges for those of elected officials. This article argues that on balance the judicialisation related to European integration has strengthened democracy across Europe. Judicialisation has encouraged greater transparency and accountability in policy-making by member state governments and by the EU itself and has enhanced opportunities for access to justice. However, by emphasising the protection of individual rights, judicialisation has pushed member states further from republican to liberal models of democracy
Accountability · Democracy · democratic deficit · Economic Justice · Economics · European integration · European union · International trade · Law and economics · Liberal democracy · Member state · Member states · Political economy · Political science · Politics · Representative democracy · Sociology · State (computer science · Transparency (behavior · European and International Law Studies · European Criminal Justice and Data Protection · European Union Policy and Governance · Law · Public Administration
The limits of international adjudication
The end of eastern territoriality? CJEU compliance in the new member states
A judicialisation of healthcare policies in Denmark and Spain? The universalist healthcare model meets the European Union
The rise of a European healthcare union
The European Union Legislature as an Agent of the European Court of Justice
Judicial Influence on Policy Outputs? The Political Constraints of Legal Integration in the European Union
Free movement and equal treatment in an unequal union
CJEU judgments in the news – capturing the public salience of decisions of the EU’s highest court
The ECJ's Construction of an EU Mobility Regime‐Judicialization and the Posting of Third‐country Nationals
Courts
Justice Contained
The Judicial Construction of Europe
The European Court and Civil Society
Eurolegalism
On Law, Politics, and Judicialization
The Transformation of Europe
The Core of the Case against Judicial Review
Judicializing Politics, Politicizing Law
Establishing the Supremacy of European Law
The Birth of Judicial Politics in France
With Luxembourg in mind … the remaking of national policies in the face of ECJ jurisprudence
Trustee Courts and the Judicialization of International Regimes
The Democratic Constitution
The judicialization of politics, Italian style
The Nordics, the EU and the Reluctance Towards Supranational Judicial Review
Why There is a Democratic Deficit in the EU
Political Power and Judicial Review in Italy
Towards Juristocracy
The European Court of Justice as a Federator
For a European Constitutional Patriotism
The political foundations of judicial independence in the European Union
The Origins of Human Rights Regimes
Who Are the “Masters of the Treaty
Individuals, Courts, and the Development of European Social Rights
Suing for Europe
The New Constitutional Politics of Europe
Judicial policy‐making in Germany
Eurolegalism and Democracy
Embeddedness and Regional Integration
Polanyi in Brussels
Europe Before the Court
Courts, Rights, and Democratic Participation
A Government of Judges
| Unique citing works | 9 |
|---|---|
| Citations per year | 0,82 |
| Citation span | 2015 - 2022 (8) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 9 |