chapter  1
20 Pages

The judicialization of administrative governance: Causes, consequences and limits

ByTOM GINSBURG

In recent years, there has been increasing attention to the phenomenon of judicialization, the expansion of the range of activities over which judges exercise significant authority. Judges around theworld now routinelymake important policy decisions that only a fewyears agowould havebeen seen as properly the purviewof bureaucrats, politicians, and private actors.1 Beyond the direct involvement of judges in decision-making, judicialization can also refer to the expanding use of trial-like procedures for making governmental decisions and the extension of law-like processes into new social spheres.