نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The "judicialization of politics" is a largely encompassing term. At its most abstract level, it refers to the expansion of legal discourse, terminology, laws, and procedures into the political sphere, including policymaking institutions and processes. The predominance of legal discourse and the spread of legal terminology are observable in nearly every aspect of modern life. A more tangible aspect of the judicialization of politics is the growing role of courts and judges in determining the outcomes of public policies, primarily through judicial review, the redefinition of bureaucratic boundaries between government organs, and "ordinary" legal procedures. Supreme national courts around the world—now equipped with new forms of judicial review—are increasingly called upon to resolve a wide range of issues. The present study seeks to answer this question: What are the consequences and impacts of the judicialization of politics? The hypothesis of the study is that judicialization of politics can, under the condition of judicial independence, assist in the resolution of political issues. The research method is descriptive-analytical. The results indicate that the judicialization of politics involves the use of judicial mechanisms and authorities while observing principles such as fair trial, prohibition of physical and psychological torture, adherence to the law, preservation of the dignity of the convicted, among others, which can greatly aid in resolving political challenges.
کلیدواژهها English