Publication details
Justícia na pomedzí práva a politiky
| Title in English | Judicial Power on the Borderline between Law and Politics |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | |
| Keywords | judiciary; judicial activism; judicial restraint; evolutionary interpretation; Fedotova v. Russia |
| Attached files | |
| Description | It is traditionally said that when law steps into the courtroom, politics must step out. Recent societal developments indicate a gradual strengthening of the judiciary’s role within the framework of the separation of powers, particularly in light of the existence of judge-made law. In this context, one may speak of the judicialization of politics and public life or of judicial activism, which, in its extreme form, could pose a threat of juristocracy. Regarding judicial activism, a clear fragmentation of attitudes toward this phenomenon can be observed, both in the domestic context and on a global scale. This paper examines judicial activism as a phenomenon manifesting itself in judicial decision-making. Particular attention is devoted to interpretative methods that may serve as potential instruments of judicial activism. In light of the foregoing, the central focus of this inquiry is the concept of judicial activism, its definition, possible forms, justification, as well as its potential pitfalls in broader societal and constitutional contexts. In conclusion, the text highlights the need to distinguish between activism that bridges gaps reflecting societal values and activism that exceeds them, thereby undermining the court’s authority and the democratic legitimacy of its decisions. |