The Superlegality of Liberal Democracy: A Genealogy of Contemporary Juridification

Juridification is becoming a leading theme in political theory as well as in public discourse because of the growing importance of courts in the political life of contemporary societies. This article espouses the hypothesis that juridification first emerged in the Weimar Republic, the true laboratory of contemporary constitutional democracies. However, it also complicates this hypothesis by arguing that Weimar produced two distinct types of juridification. While such a historical-conceptual analysis is intended to clarify how the phenomenon affected the German system of government at the time, it also allows for a more nuanced understanding of contemporary juridification. Indeed, the article concludes by presenting its currently dominant version, the politics of judicial rights protection, which owes much to pre–World War II debates about the role of courts and fundamental rights vis-à-vis the principle of parliamentary supremacy.

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Publication Details

Journal
Political Theory
Published
2025-11-14
DOI
https://doi.org/10.1177/00905917251391083
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Superlegality of Liberal Democracy: A Genealogy of Contemporary Juridification

Natascia Tosel, Mariano Croce
Political Theory
Judicial and Constitutional Studies
article

The Superlegality of Liberal Democracy: A Genealogy of Contemporary Juridification

Natascia Tosel, Mariano Croce
article en

Abstract

Juridification is becoming a leading theme in political theory as well as in public discourse because of the growing importance of courts in the political life of contemporary societies. This article espouses the hypothesis that juridification first emerged in the Weimar Republic, the true laboratory of contemporary constitutional democracies. However, it also complicates this hypothesis by arguing that Weimar produced two distinct types of juridification. While such a historical-conceptual analysis is intended to clarify how the phenomenon affected the German system of government at the time, it also allows for a more nuanced understanding of contemporary juridification. Indeed, the article concludes by presenting its currently dominant version, the politics of judicial rights protection, which owes much to pre–World War II debates about the role of courts and fundamental rights vis-à-vis the principle of parliamentary supremacy.

Political TheoryVol. 54(2)
University of Verona (IT), Sapienza University of Rome (IT)
Openalex Percentile: Top 50%
Judicial and Constitutional Studies
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