ABSTRACT
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book assesses the phenomena of judicialization of politics and politicization of judiciary. It outlines the main threats to courts’ independence and their impact on democracy and rule of law. The book explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. It suggests a radical realist approach to the role of courts combined with criticism of the traditional syllogistic and mechanic law implementation. The book examines the reasons why the Swedish supreme courts ‘are considered and considers themselves as part of the larger public administration within legal and constitutional discourse’. It provides the reader with a brief overview of the history of the constitutional review of constitutional amendments in Europe since 1945.
