Judicial and Political Power: Where is the Dividing Line?: A Praise for Judicialization and for Judicial Restraint

Abstract:

Over the past years the role of judges has been expanding worldwide, even on constitutional and political issues. This development is highly debatable, but the paper considers it as inevitable in any jurisdiction: national, supranational and international. Judicialization is also the main consequence of a new cosmopolitan legalism. However, there remain some relevant peculiarities of the different judges, and ambiguities of the international courts. In any case, it is excessive to speak of a ‘Rule of Judges’ or of a ‘Juristocrocacy’. The paper concludes that the judges should use their wide powers with a wise moderation.