Yet again: Notes on the judicialization of politics and judicial activism
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[1] Universidade de Coimbra
Universidade de Coimbra
Coimbra (Sé Nova), Portugal
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- Localización: FutureLaw. Vol. V. / coord. por Fábio da Silva Veiga, Paulo de Brito, 2024, ISBN 978-989-35571-4-3, págs. 23-38
- Idioma: inglés
- Enlaces
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Resumen
The article discusses the phenomena of judicialization of politics, judicial activism, and politicization of justice, which involve the expansion of judicial power in different countries and contexts.The author proposes a more complex and nuanced analysis, taking into account the historical, institutional and cultural specificities of each concept, usingBrazil as a locus of reflection, highlighting the characteristics and challenges of the Brazilian constitutional system. The author also addresses tensions and conflicts between powers, control and accountability mechanisms of the judiciary, and the effects of judicialization on democracy and fundamental rights. The author concludes with a reference to the literature of Victor Hugo, identifying what he calls “Javert syndrome”, which affects members of the judiciary who resort to judicial activism as a panacea capable of taking societies to a higher level of civilization. The author defends the need to limit the judiciary, even on theoretical grounds and in the debate of ideas, so that democracies are not undermined by the unsustainable weight of something as a judicial dictatorship.
