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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]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Právník is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines how the mobilization of emotions can be fully integrated into the repertoire of contentions. To do this, the analysis must be attentive to the way in which appealing to emotions, far from being limited to impulsive and disruptive actions, is part of the tactical know-how accumulated within social movement organizations. A survey relating to one of the first French climate change litigation cases highlights the complementarity between emotions and formalization of expertise when it comes to forcing the hand of the authorities by rallying a large number of supporters while resorting to the law. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In any State governed by the Rule of Law, public authorities must be subject to limits and controls. The action of unconstitutionality is a way to channel the judicial review of the activity of the legislator, being a tool to which political minorities usually have access. Otherwise, there is also a tendency identified by the doctrine which consists of settling political conflicts through the courts. Here, the problem of abusive and illegitimate use of the control mechanisms will be analyzed, as well as the risks to democratic quality implicit in this dynamic. [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]

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]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Abstract This article analyses the dynamics and psychological processes underlying judicialized conflicts that are known as parental alienation, examining three case studies in the light of psychoanalysis. The litigation experienced by the child reflects their embarrassments with the Other in their search for answers to their enigmas and affections, amid guerrilla warfare between those who occupy parental roles. The study pinpoints the pathways required to understand parental alienation: in a socio-historical journey through how parental and marital ties are conceived and recreated; in a passage through the grief that the subjects suffer during family reconstitution; and through a rereading of the phenomenon focused on the uniqueness of the symptom. We are hopeful that it will support a more critical and skilled praxis for those who work in the judiciary.

LGBT rights in Japan are subject to frequent changes. A variety of factors, from methods of action to sources of motivation and outside pressure, make it difficult to predict how developments will unfold. On themes as complex as sexual orientation and gender identity, interactions between politics and the judiciary both converge and diverge significantly given their varied mechanisms. This article focuses on calls in Japan to allow same-sex marriage. It argues that, in the face of improvised or inadequate legal solutions, these calls translate into judicial demands leading to the possible judicialization of the political sphere.

At the beginning of the 21st century, a reform of the judicial system was carried out, essentially aimed at increasing the number of lawyers and opening public participation. In this context, a new class action legislation was promulgated in the field of consumer law to prevent instances of commercial malpractice and as a mechanism to recover damages from professionals in cases involving large numbers of consumers. This article examines how and the extent to which the new class action system contributes to the expansion of the judicial function. It also examines the potential for wider acceptance of this type of legal action within Japanese society.

This article analyses the ’Work Style Reform’ bill introduced in Japan in 2018. It focuses on the concept of judicialization, which is defined as the enhancement of judicial oversight to ensure the effective enforcement of law. The article highlights specific aspects of this reform, particularly the strengthened collaboration between administrative entities and judicial institutions to uphold labour law in the workplace.

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho de la Seguridad Social, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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]

The administrative processes of recognizing Indigenous Lands (ILs) in Brazil can take decades to complete. Indigenous peoples who live in unrecognized ILs are more vulnerable to a series of rights violations, which makes the completion of demarcation processes urgent. This article aims to answer the following question: why do some demarcation processes take longer than others? We listed five conditions found in the literature on the demarcation of indigenous lands that can delay them. Next, we applied the qualitative comparative analysis (QCA) method in its crisp set mode to 40 cases of IL demarcation. We present two conclusions: the presence of economic interests is an important condition to explain the long duration of some demarcation processes, but it is neither necessary nor sufficient, and the conjunction of this factor with the judicialization of the demarcation process explains most cases of long-term demarcations. [ABSTRACT FROM AUTHOR]

This paper traces the emergence of a new orientation in the reformist agenda of the Judiciary in Argentina aimed at the democratization of the justice system. Originated at a time of expansion of the political arena and growth of the judicial arena (2003-2013), democratizing justice is an aspiration in which diverse proposals and actors converge in the face of the growing judicialization of conflicts. We analyze three policies of reform of the judicial system, emanating from the three branches of the national State, between 2003 and 2019: the incorporation, by the Supreme Court of Justice of the Nation, of mechanisms for citizen participation in the judicial process; the service of Access to Justice Centers, created within the Ministry of Justice and Human Rights of the Nation; and Law 26855 (repealed), which incorporates universal suffrage in the election of councilors of the Council of the Magistratura, popularly known as the law of democratization of justice. [ABSTRACT FROM AUTHOR]

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Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Latin American & Caribbean Anthropology is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Dada la necesidad de abordar desde la prevención el problema de las familias en situación de separación o divorcio inmersas en alta conflictividad y que tienden a judicializar sus relaciones, y ante la inexistencia de un instrumento que sirva para identificar esta tendencia, se pretende elaborar un cuestionario que mida las características predictoras de judicialización. El trabajo se centra en la validación de contenido e interna del C-JUDIFA, pudiendo concluir que los ítems utilizados explican bien las características que pretenden medir, así como que se obtiene una buena representatividad de las escalas propuestas. El análisis factorial confirma la estructura de tres factores propuesta teóricamente para el instrumento, encontrando también una buena correlación entre los 9 constructos aportados. Asimismo, se requiere investigar sobre la relación que todos estos factores tienen realmente en la tendencia a judicializar los conflictos derivados de situaciones de separación, analizando su validez externa.

Copyright of Gerais: Revista Interinstitucional de Psicologia is the property of Gerais: Revista Interinstitucional de Psicologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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]

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]

Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito da Cidade is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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]

The increasingly industrial character of meat production has entailed significant changes to the relations we have to the animals we eat. In this article we first describe some of the practices and rituals that characterized slaughter in Norway up to the first decades of the 20th century. In this period, Norwegians drew on rituals to make the killing of an animal meaningful and acceptable. Then, by exploring the original impetus toward "humane slaughter" in the early to mid-20th century, we show how ritual transformations of animals into meat gave way to laws and regulations to justify animal killing. Finally, we provide a contemporary example of how far this "judicialization" of animal killing has come, and argue that this process has enabled the widespread denial of the animal origin of meat. [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]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

How do state courts in Brazil participate in the debate about Covid-19 policies? I argue that state courts had a role in making decisions on key policies when political actors couldn't agree on how to handle the crisis. This paper compares its findings to what previous research has found on the role of the stf at the federal level. The results show that subnational institutions tried to use state courts to halt such policies in a similar way to what happened in the stf. [ABSTRACT FROM AUTHOR]

In recent years, there has been a significant increasement in lawsuits in Brazil aimed at guaranteeing the fundamental right to health, provided for in the Federal Constitution of 1988. However, the judicialization of health does not solve the problem of most people, in view of the slowness of justice and access to justice itself. Thus, the problem of this study is limited to evaluating whether mediation is really a method that is efficient to the realization of the right to health. Thus, the general objective of this study is to analyze the effectiveness of health mediation as a faster, less bureaucratic, economic alternative from the procedural point of view and viable as a technique for the solution/prevention of judicial disputes related to the public health system of the municipality of Imperatriz - MA. The specific objectives are constituted in order to identify the causes that lead to the high level of "judicialization of health" in the municipal scope of Imperatriz-MA, as well as to investigate the main results that sanitary mediation has obtained as a mechanism capable of reducing the number of lawsuits involving the area of public health in the referred municipal entity, through the practices carried out by the Mediation Chamber in Health Law (CAMEDS). The methodological approach used was possible through field research, with the application of semi-structured interviews, with open and closed questions, as an instrument of data collection, given to the Municipal Health Department of Imperatriz -MA (SEMUS), to the Secretariat of the Court of the Public Treasury of the District of Imperatriz - MA and to the Mediation Chamber in Health Law (CAMEDS), reaching the conclusion that, in fact, the application of the practices of sanitary mediation combined with the use of information technology constitutes a formidable alternative for the reduction of judicial proceedings related to public health. [ABSTRACT FROM AUTHOR]

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]