Common Agreement To Play Game Of Politics Constitution

It is difficult to overestimate the depth of this transition. While monitoring the procedural aspects of the democratic process – such as judicial oversight of electoral procedures and rules – is the mandate of most constitutional courts, issues such as the legitimacy of a regime, the collective identity of a country or the management of a country`s often less admirable past reflect, above all, profound moral and political dilemmas, not judicial ones. As such, they should be considered and decided by the people themselves, at least as a matter of principle, by their elected and responsible representatives. The decision on these issues is an exercise in natural and material policy that goes beyond the application of legal provisions or fundamental procedural norms to different areas of public order. Such legalization involves cases where the courts rule on political issues facing the nation, although the nation`s constitution does not speak directly to the contentious issues, and despite the clear recognition of the very high political commitment to the nation. It is precisely these cases of legalization of national issues, which involve the intersection of very important political interventions, with little or no relevant constitutional guidelines, that make the democratic legitimations of judicial control the most questionable. In the end, what makes the courts the most appropriate forum to resolve these purely political dilemmas is unclear. A more « realistic » approach suggests that the legalization of policies largely depends on concrete decisions, interests or strategic considerations on the part of selfish political stakeholders. From the point of view of policy makers, the delegation of political decision-making powers to the courts can be an effective means of transferring responsibilities and thus reducing the risks to themselves and to the institutional apparatus in which they operate. The calculation of the « blame » deflecting strategy is quite intuitive.

If the transfer of powers increases the eligibility of credit or legitimacy and/or the debt imposed on the politician as a result of the political decision of the delegated body, such a delegation may benefit the politician (Voigt and Salzberger 2002).

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