POLI 422 Lecture Notes - Lecture 5: Elite Squad, Transitional Justice, Civil Society
28 Sep 2014
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Document Summary
Judicialization of politics: what is judicialization, judiciary is more and more involved in what happens in the public, courts and judges become increasingly important in public policy making (court led social change, judicial review + activism. Courts try to intervene more and more: power to block some initiatives and push for others. Hiv medicine, marijuana, morning after pill, education, pensions, healthcare, recognition of groups, water, environment, etc. New constitutions, new courts (national and international), collective: expansion of legal toolkit litigation, use of judicialization in political affairs. The courts are more powerful therefore using them is in your best interest. You want to win a political battle and therefore bringing up a law suit and using the courts gets your point across better. What ideas: narratives about rights, due process, accountability and rol. Link between democracy and rights-based citizenship meant to empower the people. Culture of difference, indigenous rights, legal pluralism.
