ScholarWorks@숙명여자대학교

초록

The judicialization of politics is a contentious issue that is often viewed with a degree of negativity. However, it is a customary procedure in a constitutional state for the judiciary to oversee political matters, and this cannot be regarded as inherently negative. The core issue under discussion pertains to the ‘over-judicialization’ of matters that shoud be resolved through political processes. This article explores the circumstances under which it can be asserted that politics has been overly judicialised. In addressing this issue, this article focuses on the fact that the judiciary performs a different function from the political process, and that the judiciary and politics operate on different principles. The judiciary plays a pivotal role in stabilising social expectations, yet its capacity and temporal limitations impose inherent constraints on its ability to resolve political issues. In order to address the problem of the judicialization of politics, two approaches have been proposed. Firstly, it is necessary to res tore the functions of politics. Secondly, the functions and capabilities of the judiciary must be strengthened. Finally, democratic legitimacy must be enhanced. In order to address the issue of the judicialization of politics, it is necessary to consider measures that can be taken to prevent this process from occurring. Such measures may include the introduction of legislation designed to limit the influence of the judiciary in political matters, as well as the adoption of a policy of restraint by politicians and the judiciary themselves. While enhancing the judiciary’s capacities may yield immediate effects, it could ultimately result in a vicious cycle w here the judicialization of politics repeats itself as political dependence on the judiciary increases and the functions and capabilities of politics weaken.

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