POLI 330 Lecture Notes - Clean Hands, Totalitarianism, False Accounting
2 Oct 2014
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Document Summary
Judicialization of politics: speak of the judiciary acquiring increasing powers vis- -vis politicians. Either because politicians delegate these powers or because the judiciary asserts them: refers to increasing power of the judiciary and increasing insertion of the judiciary in the political decision making process. Politicization of the judiciary: insertion of political actors and their considerations and preferences into the judicial decision making process, increasing use of the courts to settle political accounts, fight political battles, etc. Low judicial independence is a component of the politicization of justice. Political decision makers are influencing judicial decision making and having their preferences maximized through court decisions: increasing use of the courts in more and more aspects of political life. Includes more arenas of political competition: see this trend when more legal issues become contaminated by political interference. Courts lose their independence in more and more legal areas. However this probably does not have a large level of politicization of justice.
