Judicializacion de la politica, politizacion de la ley

In: Revista mexicana de ciencias políticas y sociales, Band 45, Heft 184, S. 13-49

Abstract

The author asserts that there has been a profound shift in power away from legislatures & toward courts & other legal institutions. This shift, which has been called judicialization, has become more or less global in its reach. The article carefully examines this constant ebb & flow, this constant shift in the role played by courts & judges in judicializing politics (the greater participation of judges & courts in political matters) & by the various political actors in politicizing the law (the growing participation of politicians in judicial matters). The author distinguishes at least three ways in which courts have taken on new & important roles relative to legislatures. Therefore we find ourselves with the transformation of political questions into legal ones. And this means that legal/constitutional considerations & rhetoric assume new & sometimes decisive importance in ordinary legislative policy making. Adapted from the source document.