POLI 330 Study Guide - Final Guide: Judicial Independence, Clean Hands, Corporatism

• School: McGill University
• Department: Political Science
• Course: POLI 330
• Professor: Maria Popova

Document Summary

Poli 330: law and courts in europe final. Readings coursepack: ran hirschl towards juristocracy: the origins and consequences of the new constitutionalism 2004. Thesis = expansion of judicial power has taken place primarily in democratic polities. Expansion of judicial power was brought through the constitutionalization of rights and the establishment of relatively autonomous judiciaries and sc armed with judicial review practices. It defines the trend towards the constitutionalization of rights and the fortification of judicial review as inevitable by product of a new and near universal prioritization of human rights in the wake of ww2. The presence of effective, written bill of rights is seen as proof of constitutional development. They cast constitutional transformation as an organic response to pressures within the political system itself. They suggest that the expansion of judicial power derives from a structural, organic political problem such as a weak, decentralized, or chronically deadlocked political system.