Cristina E. Parau
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780197266403
- eISBN:
- 9780191879593
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266403.003.0008
- Subject:
- Law, Legal Profession and Ethics
This chapter concludes the volume. In normative terms, the Judiciary revisions imposed on CEE since 1989 (and now the West) exhibit an unmistakable pattern: they transfer political power away from ...
More
This chapter concludes the volume. In normative terms, the Judiciary revisions imposed on CEE since 1989 (and now the West) exhibit an unmistakable pattern: they transfer political power away from majoritarian institutions to non-majoritarian ones, from elected officials to judges; exclude the ‘sovereignty people’ from a voice in the Judiciary’s make-up; and insulate judges from accountability and liability to democratic boundaries. This Template amounts to the Americanization of the European Judiciary, and reflects the Network Community’s ambition to rule through the Judiciary (in Europe, but perhaps globally). In causal terms, a nexus was discovered explaining the Template’s puzzling ubiquity: the agency of a class of transnational elites sharing a collective identity and solidarity; their paradigmatic assumptions about the Judiciary’s role in democracy, and the coerciveness of their hegemonic discourses, which the public is unable to fathom or negotiate. The Network’s motivation is not solely the aspiration to solve mankind’s problems, but the all-too-human will to the power to arbitrate between all other political actors. A crucial but ‘invisible’ causal factor was the omission by the main veto players, elected representatives in parliaments, to forestall their own disempowerment.Less
This chapter concludes the volume. In normative terms, the Judiciary revisions imposed on CEE since 1989 (and now the West) exhibit an unmistakable pattern: they transfer political power away from majoritarian institutions to non-majoritarian ones, from elected officials to judges; exclude the ‘sovereignty people’ from a voice in the Judiciary’s make-up; and insulate judges from accountability and liability to democratic boundaries. This Template amounts to the Americanization of the European Judiciary, and reflects the Network Community’s ambition to rule through the Judiciary (in Europe, but perhaps globally). In causal terms, a nexus was discovered explaining the Template’s puzzling ubiquity: the agency of a class of transnational elites sharing a collective identity and solidarity; their paradigmatic assumptions about the Judiciary’s role in democracy, and the coerciveness of their hegemonic discourses, which the public is unable to fathom or negotiate. The Network’s motivation is not solely the aspiration to solve mankind’s problems, but the all-too-human will to the power to arbitrate between all other political actors. A crucial but ‘invisible’ causal factor was the omission by the main veto players, elected representatives in parliaments, to forestall their own disempowerment.
