POLI 330 Lecture Notes - Lecture 4: Influence Peddling, Investigative Journalism, Hans Kelsen
27 Mar 2018
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Document Summary
Two parallel trends: the judicialisation of politics: judicial decisions and processes have entered the political realm. The line between a judicator and legislator has been blurred. Courts are no long adjudicators but also as legislators. This is a post ww2 trend but a strong one; it brings courts and politics together: weaponisation of law for politics. Mirrors the intrusion of law into politics in the first parallel trend. Instrumental and insidious intrusion of politics in law; political actors can now harness the law to steer the political competition process in their favour. Using the law to achieve political goals. Decisions can be equally political and constitutional; it can be a constitutional issue but also a political question. Who can compete in elections? (when courts invalidate elections: courts are central to political development. States spend millions of rule of law or judiciary reform programs. Rule of law is a desirable universal arrangement; even authoritarian leaders maintain the rule of law (occasionally)
