Political Science 3201F/G Chapter Notes -Procedural Justice, Judicial Activism, Restorative Justice
1 May 2013
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Document Summary
Highlight the fact that neither a constitutional framework that is conducive to judicial activism nor power hungry judges or non-deferential constitutional courts are sufficient conditions for the judicialization of mega-politics. Like any other political institutions, constitutional courts do not operate in an institutional or ideological vacuum. The more dysfunctional or deadlocked the political system and its decision making institutions are in a given rule of law polity, the greater the likelihood of expansive judicial power in the polity. At times, opposition politicians may resort to litigation in an attempt to enhance their media exposure, regardless of the actual outcome of litigation. Empirical studies confirm that national high courts in most constitutional democracies enjoy greater public legitimacy and support than virtually all other political institutions. An increasingly common strategy undertaken by political power holders representing these voices has been the transfer of fundamental collective-identity or religion and state quandaries from the political sphere to the constitutional courts.
