POLS 4050 Chapter Notes - Chapter N/A: Deontological Ethics, United Nations Charter, Oligopoly
Document Summary
In summing up we might say that judicialization essentially involves turning something into a form of judicial process. Two parties and a third participant (the judge) Open hearings weighing of arguments bargaining, often behind closed. Decision made by impartial judge doors compromise, leg-rolling. Settling of individual cases (but cf. precedents, especially judicial review) Ascertaining of the facts (what has happened) and the relevant rule (what should be applied) the only correct solution . In the judicial field there are instances of discussion between the parties and the judge behind closed doors, that is, plea bargaining. In this connection is the task of the courts to shelter the fundamental rights of citizens, what we, following isiah berlin call negative freedom . Week 10: the legislature, on the other hand, has to take care of the rights and obligations of the (legislative) majority.