Judicial Review

Bricker, Benjamin

doi:10.1007/978-3-319-31816-5_1034-1

Cited by 1 publication

(2 citation statements)

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“…However, judicial review of legislation and executive acts by bringing social conflicts before the courts only slowly emerged during the twentieth century. The judicialisation of conflicts in public policy making has fundamentally transformed the European political landscape and thus reshaped the way citizens interact with the judiciary (Bricker : 2).…”

Section: Why Do Actors Mobilise Courts?mentioning

confidence: 99%

“…Nearly all European countries now allow individuals the right to petition the constitutional court directly or indirectly. With the growing importance of judicial review on policy outcomes and the near universality of judicial review today, it is all the more important to understand to what extent judicial review contributes to the normative goals of democracy and democratic performance (Bricker ). The increased judicialisation is thus not only a means to protect minority interests in a democracy, but it also provides all actors with the possibility to circumvent domestic parliamentary democracy or to question the democratic character of supranational decision making as in the case of the EMU ( A4 ).…”

Section: Why Do Actors Mobilise Courts?mentioning

confidence: 99%

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The judicialisation of EMU politics: Resistance to the EU's new economic governance mechanisms at the domestic level

Saurugger

Fontan

2019

European J Political Res

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Courts are increasingly asked to deal with fundamental political disagreements in liberal democracies. Because of its political salience and the extent of its consequences, the crisis of the Economic and Monetary Union (EMU) has exposed such fundamental disagreements between and within its member states, which numerous plaintiffs have brought before domestic courts and the Court of Justice of the European Union (CJEU). This article analyses this judicialisation of the EMU crisis. Using a database on lawsuits introduced in all 28 member states with regard to crisis measures and the new EMU governance mechanisms introduced since 2010, the authors study which actors use the courts and under which circumstances. Based on a combination of judicialisation and political economy approaches, the article develops a series of assumptions on actors’ motivations in order to understand the reasons for judicialisation in debtor and creditor countries.

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Section: Why Do Actors Mobilise Courts?mentioning

confidence: 99%

Section: Why Do Actors Mobilise Courts?mentioning

confidence: 99%