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Full Description
This book examines what it identifies as an increasing juridification of politics. This term refers to the use of law by both state and non-state social actors to advance their political demands and strategies.
Juridification is often portrayed as a depoliticising, even democratising, process; it is frequently attributed to the logics of neoliberal governance. In this view, a small number of litigants appealing to a few unelected judges for political change seems to bypass representative institutions and, with them, the democratic will. This book challenges that narrative. By tracing the genealogy of juridification and examining its performative role in present-day democratic practices, it offers a more nuanced understanding of the relationship between juridification and democracy. Combining theoretical inquiry with case studies of human rights adjudication, it reveals how courts have become arenas of political struggle where the supralegal values of democracy are named, claimed, and contested, and how this process reverberates far beyond the courtroom, supplementing rather than supplanting democratic decision-making.
The Juridification of Democracy will appeal to scholars and post-graduate students in the fields of political theory, law, critical theory, continental philosophy, socio-legal studies, and social and juridical anthropology.
Contents
Introduction
Chapter 1: Juridification as Neoliberal Depoliticisation: A Genealogy
Chapter 2: Breaking the Model: Otto Kirchheimer on the Juridification(s) of Liberal Democracy
Chapter 3: Is the Judiciary the New Sovereign Power? Juridification vs. Juristocracy
Chapter 4: How Are the Values of Democracy Defined? The Case of Vulnerability in the ECtHR Jurisprudence
Chapter 5: Juridification 'from Below'. How Citizens Make Politics with Rights
Chapter 6: The Performativity of Juridification. Minoritarian, Anti-Majoritarian, or Democratic Politics?
Conclusion. Juridification and Democracy in Dark Times
