GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY”
The article considers modern scientific approaches to the problems of “juristocracy” in foreign legal thought, given that in domestic legal science the topic has not received a systematic scientific analysis. It is emphasized that after the Second World War, in the conditions of the widespread use...
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Alfred Nobel University
2025-06-01
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| Series: | Alfred Nobel University Journal of Law |
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| Online Access: | https://law.duan.edu.ua/images/PDF/2025/1/3.pdf |
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| author | Mykhaylo O. Baymuratov Natalia V. Bocharova |
| author_facet | Mykhaylo O. Baymuratov Natalia V. Bocharova |
| author_sort | Mykhaylo O. Baymuratov |
| collection | DOAJ |
| description | The article considers modern scientific approaches to the problems of “juristocracy” in foreign
legal thought, given that in domestic legal science the topic has not received a systematic scientific
analysis. It is emphasized that after the Second World War, in the conditions of the widespread use of
constitutional justice, courts deviate from the control function defined by G. Kelsen and begin to impose their interpretation of law on the executive and legislative bodies. This categorically changed the essence
of the rule of law, which turned into a juristocracy - the actual rule of judges. The concept of juristocracy
has received significant distribution in foreign legal and political science literature. It should be emphasized
that there is no systematic and thoroughly substantiated theory of juristocracy, as well as a generally
recognized clear definition. But the profile term is actively used, first of all, to determine the special role of
constitutional courts in the modern system of power.
The article notes that the basic approach of foreign researchers is based on the assertion that
juristocracy or judicial hegemony generates a new distribution of powers, which is based on the “growth
of the unelected” and does not correspond to traditional democratic ideals. It is stated that the influence
of constitutional courts is expanding and increasingly penetrates into everyday politics and the functioning
of society. The scope of judicial review includes issues of national policy (megapolitics), for example, the
legitimacy of the regime, state building, the competence of executive bodies, electoral processes, etc.,
as well as issues of political confrontation and inter-party struggle. Decisions of constitutional courts are
increasingly becoming an alternative to the legislative process and the rule-making work of executive
bodies. Judicial legality creates new rules and procedures, which is seen as evidence of the transition of
power from representative democracy to the “rule of judges.” |
| format | Article |
| id | doaj-art-2b8092328d98458c8833490feff75110 |
| institution | Kabale University |
| issn | 3041-2218 3041-2226 |
| language | deu |
| publishDate | 2025-06-01 |
| publisher | Alfred Nobel University |
| record_format | Article |
| series | Alfred Nobel University Journal of Law |
| spelling | doaj-art-2b8092328d98458c8833490feff751102025-08-20T03:51:25ZdeuAlfred Nobel UniversityAlfred Nobel University Journal of Law3041-22183041-22262025-06-01110131910.32342/3041-2218-2025-1-10-2GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY”Mykhaylo O. Baymuratov0Natalia V. Bocharova1South Ukrainian National Pedagogical University named af-ter K.D. UshynskyAlfred Nobel UniversityThe article considers modern scientific approaches to the problems of “juristocracy” in foreign legal thought, given that in domestic legal science the topic has not received a systematic scientific analysis. It is emphasized that after the Second World War, in the conditions of the widespread use of constitutional justice, courts deviate from the control function defined by G. Kelsen and begin to impose their interpretation of law on the executive and legislative bodies. This categorically changed the essence of the rule of law, which turned into a juristocracy - the actual rule of judges. The concept of juristocracy has received significant distribution in foreign legal and political science literature. It should be emphasized that there is no systematic and thoroughly substantiated theory of juristocracy, as well as a generally recognized clear definition. But the profile term is actively used, first of all, to determine the special role of constitutional courts in the modern system of power. The article notes that the basic approach of foreign researchers is based on the assertion that juristocracy or judicial hegemony generates a new distribution of powers, which is based on the “growth of the unelected” and does not correspond to traditional democratic ideals. It is stated that the influence of constitutional courts is expanding and increasingly penetrates into everyday politics and the functioning of society. The scope of judicial review includes issues of national policy (megapolitics), for example, the legitimacy of the regime, state building, the competence of executive bodies, electoral processes, etc., as well as issues of political confrontation and inter-party struggle. Decisions of constitutional courts are increasingly becoming an alternative to the legislative process and the rule-making work of executive bodies. Judicial legality creates new rules and procedures, which is seen as evidence of the transition of power from representative democracy to the “rule of judges.”https://law.duan.edu.ua/images/PDF/2025/1/3.pdfjuristicocracyconstitutional lawconstitutional courtsjudicial reviewseparation of powersparliamentary sovereigntydemocratic governance |
| spellingShingle | Mykhaylo O. Baymuratov Natalia V. Bocharova GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY” Alfred Nobel University Journal of Law juristicocracy constitutional law constitutional courts judicial review separation of powers parliamentary sovereignty democratic governance |
| title | GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY” |
| title_full | GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY” |
| title_fullStr | GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY” |
| title_full_unstemmed | GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY” |
| title_short | GLOBAL GROWTH OF THE IMPORTANCE OF THE JUDICIARY IN THE WORLD: ON THE QUES- TION OF THE ROLE OF THE “RULE OF JURISTOCRACY” |
| title_sort | global growth of the importance of the judiciary in the world on the ques tion of the role of the rule of juristocracy |
| topic | juristicocracy constitutional law constitutional courts judicial review separation of powers parliamentary sovereignty democratic governance |
| url | https://law.duan.edu.ua/images/PDF/2025/1/3.pdf |
| work_keys_str_mv | AT mykhayloobaymuratov globalgrowthoftheimportanceofthejudiciaryintheworldonthequestionoftheroleoftheruleofjuristocracy AT nataliavbocharova globalgrowthoftheimportanceofthejudiciaryintheworldonthequestionoftheroleoftheruleofjuristocracy |