Judicializing Politics, Politicizing Law

John Ferejohn

407 citations0/0 files storedLaw and Contemporary Problems

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Judicial and Constitutional Studies American Constitutional Law and Politics Law and Political Science

Abstract

Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.

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2008The Judicialization of Mega-Politics and the Rise of Political Courts 2007Deliberative Democracy and the Institutions of Judicial Review 2009The Judicialization of Politics 2019Populism and Backlashes against International Courts 2012High Courts and Economic Governance in Argentina and Brazil 2007Fragmentation of Power and the Emergence of an Effective Judiciary in Mexico, 1994–2002 2009The Global Spread of Constitutional Review 2005Suing for Europe

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