- Political jurisprudence
Political jurisprudence is a
legal theory that somejudicial decisions are motivated more bypolitics than by unbiased judgment. According toMartin Shapiro , who first noted the theory in1964 : "The core of politicaljurisprudence is a vision of courts as political agencies and judges as political actors." Legal decisions are no longer focused on a judge's analytical analysis (as inAnalytical jurisprudence ), but rather it is the judges themselves that become the focus for determining how the decision was reached. Politicaljurisprudence advocates that judges are not machines but are influenced and swayed by the political system and by their own personal beliefs of how the law "should" be decided. That is not to say necessarily that judges "arbitrarily" make decisions they personally feel should be right without regard tostare decisis . Instead they are making decisions based on their political, legal, and personal beliefs "as it relates" to thelaw . Deeply, and with more implication for the society, the decisions of the judges is not only modified from the politics, but modify itself the politics and the process of law making in a so influent way, that we can say that the policy-making is "judicialized". [Stone Sweet, Alec. "Governing with Judges". Oxford University Press, 2000, 1.]ee also
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Jurisprudence Notes
References
*1. Shapiro, Martin. "Political Jurisprudence", Kentucky Law Journal, 52 (1964), 294.
*2. Shapiro, Martin and Stone Sweet, Alec. "On Law, Politics, & Judicialization". Oxford University Press, 2002.
*3. Stone Sweet, Alec. "Governing with Judges". Oxford University Press, 2000.
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