REVISÃO JUDICIAL E JUDICIALIZAÇÃO DA POLÍTICA NO DIREITO OCIDENTAL: ASPECTOS RELEVANTES DE SUA GÊNESE E DESENVOLVIMENTO

Abstract

The expansion of judicial power has become one of the problems of contemporary political theory throughout the Western world. Judicial power, which in the past was considered a mere appendix of representative powers, has today taken on a privileged role within the decision-making processes of most Western democracies. In Brazil, in the wake of the 1988 Constitution, courts have assumed an increasingly relevant role within the political scenario. In the interests of clarifying this sudden expansion, we will analyze a significant parcel of this process: our main task is to reconstruct the route through which judicial review was implanted and developed in Western countries. Our working hypothesis states that the peculiarities of judicial review design does not permit a uniform theoretical treatment of the phenomenon of the judicialization of politics.