Open AccessJudicial Agency and Legal Means in Judicialization of Politics
Author(s) -
Marian Begadze
Publication year - 2021
Publication title -
eudaimonia
Language(s) - English
Resource type - Journals
ISSN - 2560-3663
DOI - 10.51204/ivrs_20403a
Subject(s) - supreme court , law , jurisprudence , argument (complex analysis) , politics , agency (philosophy) , political science , neutrality , autonomy , judicial review , law and economics , sociology , social science , biochemistry , chemistry
Law’s autonomy from politics has been in decline. Theories have been formulated to provide explanations for the development. However, these debates have overlooked the role of judicial agency in the construction of the Court’s own fate. Judicial agency has a lot to determine when courts embark on their mission of embracing political circumstances surrounding them. The present paper argues that insistence on neutral principles by Legal Process School can be guiding for courts to devise judicial techniques that enable warranted appearance of neutrality. Two cases decided by the Israeli Supreme Court will be discussed to elaborate on the argument defended in the paper. In these cases, the Israeli Supreme Court constructs its institutional security by engaging in a principled line of reasoning across its evolving jurisprudence on the same political issue, namely by first exhausting more solid legal arguments and imposing conclusive constitutional resolutions once these less controversial decisions are implemented.