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Judicial Politics in an Age of Democratic Contestation

Comparative Politics
Constitutions
Democracy
Courts
Jurisprudence
Judicialisation
Rule of Law
S30
Thalia Gerzso
University of York
Johan Karlsson Schaffer
University of Gothenburg

Endorsed by the ECPR Standing Group on Law and Courts


Abstract

As courts are increasingly weaponised by political actors and judicial decisions shape democratic outcomes, analysing judicial politics has never been more crucial. The growing judicialisation of politics calls for scholars to identify the factors influencing judicial decision-making and to assess how these decisions affect political and democratic processes. This section brings together panels that explore these dynamics by examining institutional design, strategic litigation, off-bench behaviour, and the use of AI, as well as the broader impact of courts’ rulings on policymaking and political action.
Code Title Details
P126 Courts and Their Allies View Panel Details
P314 Judicial Authority and Political Intent: Quantitative Approaches to Judicial Decision-Making View Panel Details
P315 Judicial Decision-Making and Legitimacy Under Pressure and Protest View Panel Details
P316 Judicial Independence and Policymaking View Panel Details
P317 Juridification and Accountability in the Welfare Sector View Panel Details
P376 Off-Bench Judicial Politics: External Determinants of Judicial Behaviour and Outcomes View Panel Details
P405 Political Contestation in International and Regional Courts View Panel Details
P423 Politics of Judicial Institutional Design and Reform View Panel Details
P531 The Politics of Strategic Litigation: Democratic Safeguard or Threat View Panel Details
P553 Towards Trustworthy AI in Adjudication View Panel Details