POLS 4050 Chapter Notes - Chapter N/A: Visuddhimagga
23 Mar 2017
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I shall argue both forms of the judicialization of politics emerge under some common conditions but there appears to be no theoretical or practical reason to expect the two forms to develop together. Politics of rights: a much more relevant condition for the judicialization of politics may be the presence of a. Ineffective majoritarian institutions: there are no doubt many conditions affecting the desire and ability of political oppositions and interest groups to drag or entice judiciaries into disputes that many argue should be left to majoritarian decision-making processes. The massive literature of judicial politics suggests two: judicial activism/restraint and judicial public policy preferences, normally arrayed on one or more left- right dimensions. In the real world, (1) the frequency of the top half of figure 3. 1 must be increasing, relative to that in the bottom half, and (2) the frequencies in the cells where judicialization is predicted to.
