CEU Electronic Theses and Dissertations, 2022
| Author | Pőcze, Júlia Alexandra |
|---|---|
| Title | The People v. The Judiciary - Exploring the relationship between the people, the government and judicial review in the U.S., the U.K., and Germany |
| Summary | This thesis examines a familiar, fundamental feature of judicial review: its inherent anti-majoritarian nature. It shows that what is often perceived as an anti-democratic feature of judicial review is often the consequence of the judiciary trying to impose limitation on executive powers. Through the presentation of case studies from the United Kingdom, the United States, and Germany, I attempt to pin down what the respective courts understand under “the people”, as well as when and why they bring up the people as a core argument in their reasoning. This “utilization” of the people in judicial constitutional argumentation is used as the basis for exploring the conflict between the executive and the court. The thesis aims to define what role the judiciary and the executive play as representatives of the people and the guardians of democratic participation, respectively. While I highlight multiple examples of the democratic dimension and constitutional merits of judicial review, I also underline the reasons why it facilitates attacks against the judiciary not just in illiberal democracies, but also in countries where this practice enjoys a long-standing tradition and constitutional entrenchment. |
| Supervisor | Uitz, Renáta |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/pocze_julia.pdf |
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