Patrizia Pederzoli - Böcker

Judicial intervention in social, economic, and political issues ('judicialization') has increased substantially in democracies in recent years. The change has been more dramatic in Europe than in the United States, where judicial law-making has largely been assimilated into the political process. Judges played a central role in a series of major political controversies throughout the 1990s in Italy, Spain, and France, and their involvement has resulted in moves to restrict or alter the power of judges. The role of judges has also become the subject of political debate and reform proposals in England, Portugal, and Germany.This book argues that three elements affect the political significance of judicial decisions. First is the status of judges (the way they are recruited and the guarantees they enjoy) and the way judges define their role in the judicial and political process. Second is the organization of the judicial system, including the existence of judicial review of legislation, the structure of trials and the arrangement of public prosecution. Thirdly, judicial power is affected by the broader political system: a polity in which power is divided and fragmented offers wider opportunities for the judiciary to intervene in the political process.

Exploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization.Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.