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The Politicization of Public Law: Courts, Constitutions, and Political Contestation in the Twenty-First Century

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Author :  Felix Eling

Affiliation :  Osiri University

Country :  USA

Category :  Politics, Economics, Laws

Volume, Issue, Month, Year :  1, 5, October, 2026

Abstract :


This study investigates the expanding trend of public law politicization across various jurisdictions, with particular attention to the growing centrality of courts and constitutional adjudication in political discourse concerning human rights, environmental regulation, and executive authority. Drawing upon empirical evidence from Spain, the United States, Poland, Hungary, Indonesia, and the European Court of Human Rights, this analysis contends that public law politicization operates through three interrelated mechanisms: the exploitation of constitutional review by political actors, the partisan alignment of judicial appointments and rulings, and the calculated use of litigation to achieve electoral and policy objectives. The findings demonstrate that although the judicialization of politics has extended judicial influence into domains once reserved for political branches, this expansion has simultaneously exposed courts to pressures that undermine their perceived legitimacy and institutional autonomy. The paper concludes by examining the consequences of these dynamics for democratic accountability and the rule of law.

Keyword :  Politicization of Law, Public Law, Judicial Review, Constitutional Courts, Judicial Independence, Democratic Backsliding, Comparative Public Law

Journal/ Proceedings Name :  Journal of Political Science (JPS)

URL :  https://airccse.com/JPS/papers/1526jps02.pdf

User Name : Litzy
Posted 07-10-2026 on 23:26:40 AEDT



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