State of the Art Research in the Judicialization of Politics

Ary Jorge Aguiar Nogueira

doi:10.4236/blr.2020.113041

Ary Jorge Aguiar Nogueira

Open Access

https://doi.org/10.4236/blr.2020.113041

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Abstract

Power expansion and judicial discourse in everyday life is now a global reality. The main objective of this article is to conduct a review of the judicialization of politics literature, presenting the state of the discipline. The methodology used includes a literature review of the main authors on the subject, with a compilation of key terms that correspond to this phenomenon. There are a range of invalid compilations on the topic and a lack of classical works publications, which merely reiterates why this article is highly relevant.

Highlights

In recent decades, the world has experienced a new phenomenon without precedent, the expansion of judicial and legal discourse in all social relations
It should be made clear that the choice has been made not to differentiate between the concepts of political and judicial activism, despite there being contradictory understandings duly pointed out in the body of the text
This research intends to conduct an extensive review of the literature and to try to bridge the gap between the scarce amounts of material on the topic and review the judicialization of politics litera

Summary

Introduction

The world has experienced a new phenomenon without precedent, the expansion of judicial and legal discourse in all social relations. It should be made clear that the choice has been made not to differentiate between the concepts of political and judicial activism, despite there being contradictory understandings duly pointed out in the body of the text. This research intends to conduct an extensive review of the literature and to try to bridge the gap between the scarce amounts of material on the topic and review the judicialization of politics litera-. The main definitions of judicialization are presented in chronological order. A history of the development of political judicialization, from neo-constitutionalism, with emphasis on new interpretative roles played by the American Supreme Court, a true paradigm for the other supreme courts, is outlined. A panorama of contemporary studies on political judicialization is presented

Definitions of Judicialization

Constitutionalism in Political Judicialization

Contemporary Studies of Political Judicialization