Judicial decision-making under public and political scrutiny

Abstract

Despite the fact that high courts cannot enforce decisions themselves, they are considered political players nowadays; especially, as we observe an increasing redefinition of political in judicial problems -- known as judicialization. The essential tool for courts to influence political processes and to gain power over politics is to mobilize the public. The public will hold governments accountable to respect judicial decision-making. Still, the mechanisms how courts engage the public through decision-making, especially as populist governments across Europe increasingly seek to limit or influence high courts, are not fully understood yet. This is why this panel brings together papers using a variety of novel theoretical approaches and sophisticated quantitative as well as qualitative methods to understand how courts engage the public to receive support for decision-making and how the process of judicialization changes as (populist) governments seek to influence high courts.

Title	Details
Populists in Power and the Constitution: Examining Non-Compliance by Populists through Constitutional Court Decisions	View Paper Details
Court and tribunal rulings on environmental disputes. Exploring a concept structural approach to dispute settlement beyond the nation state	View Paper Details
Mobilizing the Public - The Importance of Mediators for Judicial Decision-Making	View Paper Details
Latin American Courts Going Public: A Comparative Assessment of the Regional Trend	View Paper Details