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Brazil is well-known for participatory planning praxis anchored on the right to the city and federal legislation. Yet little is known about how the right to participation materializes through the courts. Focusing on the right to participation beyond legislative and executive branches, we analyze jurisprudence on participatory planning through decisions in two state courts of appeal. We illustrate higher court magistrates' awareness about the right to participate despite disregard of procedural participation in other instances. Seeing master planning 'as a verb', the contentious meaning of participation in the judiciary is intertwined with the standing of master plans in city governance. [ABSTRACT FROM AUTHOR]

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The Spanish Constitutional Court has occupied a central position in the Spanish political system since the Transition. Its decisions have completed, and still complete, the articles of the 1978 Constitution. Nevertheless, despite its intense activity in civil and administrative issues, this institution has progressively lost support among public opinion. To a large extent, the Court is now considered a politicized organization serving the interests of Conservative political forces. The growing intrusion of the judiciary in Spanish politics has increased this feeling. How to explain this biased viewpoint? In this paper, we argue that there are two reasons for this declining trust. On the one hand, the Court is the collateral victim of party politics which forced it to take sides. The Court is subject to a process of polarization affecting the whole Spanish political system. On the other hand, the Court has interfered regularly in the political debate by imposing its view, up to blocking parliamentary debates in late 2022. This double process is analysed from a new institutional perspective. We identified four critical junctures involving the Court and political parties, namely the delaying of decisions, the veto on governmental policy, the recusing of justices, and the blockade of appointments. [ABSTRACT FROM AUTHOR]

Judicial and political power are inextricably linked, but at this point in time that link seems more important, more pervasive, and more fragile than ever before. Courts are now under stress in many, even consolidated, democratic countries, becoming one of the most stimulating topics for understanding European politics. Indeed, bringing Courts back to the centre of political analysis is a privileged perspective for understanding how and why democracies change. By highlighting the characteristics of the complex political context of conflicting actors, institutions and political processes, this special issue of European Politics and Society reveals the different dynamics and patterns of the role of Courts in contemporary European politics. This paper presents the phenomenon of 'Courts under stress' and the related research questions. In addition, it introduces the articles that make up this special issue, which are indicative of the maturation of Courts as a crucial topic in European political science. Indeed, each article emphasizes different aspects of their role, bringing out new perspectives and complementary theoretical approaches and methodologies, thereby advancing comparative studies of judicial behaviour and constitutional jurisprudence. [ABSTRACT FROM AUTHOR]

Constitutional courts in several European democracies are under stress. In Italy, the inefficiency of the system of government has led to increasing calls for the Court to intervene in crucial legislative matters. This article examines how and why the Constitutional Court plays a key role in contemporary Italian politics. First, it focuses on the determining factors of the political system that have strengthened the Constitutional Court vis-à-vis other political branches. Second, through a quali-quantitative analysis, it focuses on controversial decision-making techniques that have enabled constitutional judges to participate in the law-making process. It focuses on the so-called 'warnings to the legislature', which correspond to formal invitations to parliament to intervene in a particular discipline. It then examines the 'manipulative judgments' that have pushed the boundaries of constitutional adjudication, with the Court increasingly assuming the role of 'positive legislator'. Third, the article examines the consequences of the Court's expanding role in specific policy areas, shedding light on recent judicial decisions relating to assisted suicide. The aim of the article is to contribute to the understanding of the changing role of Constitutional courts in democratic political regimes at a time of their more or less manifest crisis. [ABSTRACT FROM AUTHOR]

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The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes. Under this framework, all dispute resolution mechanisms must strictly follow the basic judicial principles and norms and abide by the bottom line of justice in the subjects and procedure of "dispute resolution" in order to gain the trust of the concerned parties. It is necessary to fully activate and give full play to their own characteristics and advantages and carry out the equal and orderly competition in the "diversified mechanism" to ensure that the concerned parties' right of free choice can be substantially expanded. As one of the components of the "diversified dispute resolution mechanism," the administrative reconsideration system should have the dual aspects of judicialization and administerization. The two aspects are not in a diametric opposition or tradeoff relation, but rather, they merely differ in observation perspectives, zone of action and specific direction to such an extent without compromising their coexistence and reciprocal promotion. Only by the judicalization and administerization of the administrative reconsideration system can we get it out of the current dilemma and gradually turn it into the main channel to solve administrative disputes. [ABSTRACT FROM AUTHOR]

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This article examines the development of judicialization literature in the EU arguing that – in spite of the obvious advantages of inter-disciplinary collaboration – scholarship on judicialization in law and political science is drafting apart in the 21st Century. While early political science research on the European Courts found theoretical inspiration in legal research, law and political science have increasingly diverging epistemological and methodological starting points. As the article argues, using prominent papers, this results in both disciplines producing partial accounts of judicial change with limited external validity. The article concludes by offering routes to improving the inter-disciplinary foundations of judicialization research. [ABSTRACT FROM AUTHOR]

In recent years, a growing body of work has emerged in legal theory that focuses on the relationship between law and virtue. Part of this virtue jurisprudence literature deals with the role of virtue in adjudication and judicial decision-making, with leading authors claiming that virtue plays a central explanatory and normative role. This article engages with this literature on virtue in adjudication, and connects it with a contemporary phenomenon that poses a risk for courts and judges, namely the politicisation of judiciaries. In particular, the question emerges whether virtue jurisprudence is able to provide practical guidance to judges and courts in order to help them avert such politicisation. I sketch the outlines of two contrasting answers to this question, by exploring two alternative approaches to understanding the politicisation of judiciaries from within a broadly virtue-ethical framework. On the first approach, it appears that judges may help prevent politicisation, by becoming more attentive to the tragic character of particular cases and by deciding as civic friends. However, on the other approach, which builds on Alasdair MacIntyre's critique of modern moral discourse, politicisation appears to be intractable, and the practical recommendations following from the first perspective may even aggravate it. [ABSTRACT FROM AUTHOR]

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The aim of this article is to explore the research niche of deeper critical reflection on the limits of the exercise of powers by administrative courts by providing a new perspective on issues related to this subject. In the first part, the article draws inspiration from P. Lindseth and his comparative framework of judicial review. The article uses this to demonstrate that Czech jurisprudence has so far mostly left aside questions of the extent or intensity of the exercise of judicial review. In the next section, the article follows this up by explaining and defending the concept of judicialization as regards public administration. This discussion relates to the understanding of administrative court's jurisdiction as mandate for judicialization. In the following section, the article discusses the notion of deference, which is understood as a kind of antithesis to judicialization. The article explains the history of the concept and describes how and when are Czech administrative courts deferential and on what basis. The article concludes by summarizing the findings and outlining further research possibilities. [ABSTRACT FROM AUTHOR]

As the Imperial Aulic Council of the Holy Roman Empire grew in stature over the course of the early modern period, the integrity of its membership came increasingly into focus. This article analyzes that heightened scrutiny through the lens of oaths. Working from the promulgated versions, drafts, and legislative history of the court ordinances, it argues that the oaths sworn by court officials were specifically tightened in order to deter corruption and the appearance of corruption. The close textual analysis reveals a keen appreciation of bureaucratic mores by the political masters of the court. For such an important instrument of imperial power as the Imperial Aulic Council, perceptions mattered. [ABSTRACT FROM AUTHOR]

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In the past decade, there has been a rise in legal action around urban policy and planning in Colombia. Legal expertise has been mobilized by a plethora of actors, including social movements, local politicians, neighborhood groups and individual citizens. This has resulted in legal experts and judges often dictating how social housing, transport corridors, public space, or waste management schemes ought to be implemented by municipal administrations. In this context, mayors and planners complain that the increasing involvement of the judiciary in urban planning drains local resources and undermines the power of mayors to set and implement the political agenda they were democratically elected to execute. In this article, we analyze the rise of legal action against urban planning in Bogotá and conclude by proposing a research agenda for socio-legal and urban scholars interested in further exploring the potential implications of the increasing mobilization of legal expertise in urban planning. [ABSTRACT FROM AUTHOR]

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The World Health Assembly has encouraged WHO member-states to establish capacity in health technology assessment (HTA) as a support for achieving universal health coverage (UHC). Simultaneously, the WHO has stated that UHC is "a practical expression of the concern for health equity and the right to health." This has prompted questions about potential tensions between priority-setting efforts and the right to health on the road to UHC. South Africa (SA) is an ideal setting in which to explore how the priority-setting work of an HTA body may be integrated with an existing rights framework. [ABSTRACT FROM AUTHOR]

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Judicialization scholarship suggests that states must seek the de‐judicialization of international dispute settlement mechanisms to regain regulatory space. Why then do some states seek a de‐judicialization yet others increased judicialization of dispute settlement mechanisms in their pursuit of regulatory space? This article advances a twofold argument. First, the concept of judicialization has been erroneously conflated with state perceptions of regulatory space under dispute settlement mechanisms. States aspiring to consolidate regulatory space may pursue de‐judicialization and increased judicialization alike. Second, states' preferences for de‐judicialization or increased judicialization to regain regulatory space should largely depend on conceptions of legitimate international law as either intergovernmental contracts or cosmopolitan quasi‐constitutional order. The article illustrates these arguments at the example of US and EU efforts to reform the Dispute Settlement Body of the World Trade Organization and investor‐to‐state dispute settlement. Both seek to increase regulatory space. Yet, the USA pursues de‐judicialization while the EU promotes judicialization. [ABSTRACT FROM AUTHOR]

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