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Political Science
Genevieve Dewar

Hirschl Ran 2008 The Judicialization of MegaPolitics and the Rise of Political Courts Annual Review of Political Science 11 93118 In recent years the judicialization of politics has expanded beyond rights issues or transnational cooperation to encompass what we may term mega politicsoThese rang from electoral outcomes and corroboration of regime change to matters of war and peace and nationbuilding processes pertaining to the very nature and definition of the body politicExamples fate of American presidency the war in Chechnya etcAll these matters are framed as constitutional issuesWorks that attempt to explain the judicialization of politics may be grouped into 4 main categoriesoFunctionalistthis approach attributes the judicialization of recent decades to the proliferation in levels of govntand the corresponding emergence of a wide variety of semiautonomous administrative and regulatory state agenciesoRights centeredemphasizes the prevalence of rights discourse or the greater awareness of right issues which is both reflective of and contributing to what may be termed judicialization from belowoInstitutionalistemphasizes institutional features that are hospitable to judicialization At a bare minimum the judicialization of politics requires accept
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