Parlamenty, ústavní soudnictví a judicializace politiky

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Title in English Parliaments, Constitutional Courts and Judicialization of Politics
Authors

PETROV Jan

Year of publication 2014
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Judicialization of Politics; constitutional adjudication; new constitutionalism; constitutional politics
Description World has experienced notable rise of the courts' influence during last few decades. Worldwide, judges decide about issues of significant social and political salience. This trend has been reflected on the most general level by the concept of judicialization of politics. The article briefly explains the emergence of judicialization of politics in context of the new constitutionalism and spread of judicial review of legislation. Then, several cases of major political importance, including decisions concerning elections, foreign and European policy, transitional justice or social policy, decided by the courts in various countries are mentioned. In the third part, definitions and selected aspects of judicialization of politics are given and Alec Stone Sweet's theory of constitutional politics is addressed.
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