نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری، پژوهشگر حقوق عمومی، ایران.
2 استادیار، دانشگاه علامه طباطبایی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In recent decades, the legal and political systems of the world have faced the expansion of judicial power and the increase in the intervention of courts in matters that were not necessarily legal and judicial in nature but were completely related to mega-politics. This phenomenon is called “judicialization of politics”. Considering the limits of judicial competences in the form of a constitutional review, the present research has first examined the political issue and tried to examine the relationship between the two and its place in contemporary legal and judicial approaches while examining the various dimensions of judicialization. Finally, this article has concluded that, on the one hand, the judicialization of politics leads to the weakening of the boundaries of the separation of powers, but on the other hand, it can be said that judicial intervention as a mechanism of monitoring and guaranteeing transparency leads to the improvement of regulation and more quality and legal administration. In the end, it seems that what we are witnessing today as the judicialization of politics is the product of the expansion of sovereign powers to all powers, which has led to the role of the judiciary as much as the legislature and the executive in mega-politics affairs.
کلیدواژهها [English]
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