"Juristocracy" -- Political, not Juridical

"Juristocracy" -- Political, not Juridical Ran Hirschl In numerous countries around the world, fundamental constijudges ­ rather than self-interested, risk-averse politicians ­ as tutional reform has transferred an unprecedented amount of the source of evil. power from representative institutions to judiciaries, whether Everything is Justiciable domestic or supra-national. One of the most significant effects of this trend has been the transformation of courts worldwide into Armed with judicial review procedures, constitutional courts major political decision-making bodies and a corresponding in most leading democracies have been frequently called upon to judicialization of "mega" politics. The ever-accelerating judidetermine a range of matters, from the scope of expression and cialization train has long left the traditional separation of powers religious freedoms, privacy and reproductive rights, to public and rights jurisprudence stations. From policies pertaining to education, immicore executive prerogatives such as gration, criminal justice, property, Despite the growing reliance on national security matters and macrocommerce, consumer protection, and courts and judicial means for articueconomic policymaking to foundaenvironmental regulation. Bold newslating and determining core political tional collective identity and nation paper headlines reporting on landmark issues, mainstream constitutional building quandaries, from restorative court rulings concerning hotly contheory discourse remains preoccujustice to regime change controversies tested issues such http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Good Society Penn State University Press

"Juristocracy" -- Political, not Juridical

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Abstract

Ran Hirschl In numerous countries around the world, fundamental constijudges ­ rather than self-interested, risk-averse politicians ­ as tutional reform has transferred an unprecedented amount of the source of evil. power from representative institutions to judiciaries, whether Everything is Justiciable domestic or supra-national. One of the most significant effects of this trend has been the transformation of courts worldwide into Armed with judicial review procedures, constitutional courts major political decision-making bodies and a corresponding in most leading democracies have been frequently called upon to judicialization of "mega" politics. The ever-accelerating judidetermine a range of matters, from the scope of expression and cialization train has long left the traditional separation of powers religious freedoms, privacy and reproductive rights, to public and rights jurisprudence stations. From policies pertaining to education, immicore executive prerogatives such as gration, criminal justice, property, Despite the growing reliance on national security matters and macrocommerce, consumer protection, and courts and judicial means for articueconomic policymaking to foundaenvironmental regulation. Bold newslating and determining core political tional collective identity and nation paper headlines reporting on landmark issues, mainstream constitutional building quandaries, from restorative court rulings concerning hotly contheory discourse remains preoccujustice to regime change controversies tested issues such

Journal

The Good SocietyPenn State University Press

Published: Nov 4, 2004

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