Title: Politics and the Judiciary: A Naïve Step Towards the End of Judicial Policy-Making
Abstract: This essay will focus on the relation between the judiciary and politics, more precisely, between constitutional control and politics. Accepting that the active engagement of judges in political decision-making constitutes a dangerous path with profound implications at the political, legal, economic and social levels, it also discusses the possibility of neutralizing judicial policy-making. The concept of 'judicial policy-making', its relationship with the concept of judicial activism, and the conditions favoring it are analysed in the first part. The second part deals with questions involving the allotment of legislative function to constitutional judges. In the final part, remedies aimed at refraining judicial policy-making are suggested.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
Cited By Count: 1
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot