The Juristocratic State
Absztrakt :
The book analyses the processes by which a democracy-based
state is increasingly transformed into a juristocratic basis
in a number of countries in the Western world and by their
impulse elsewhere in the world too. This is essentially created
by the wider and wider competences on the constitutional
courts, but the change of the decision-making process of the
other supreme courts also shows this direction. What has been
politically debated within the democratically elected bodies
in a state of democracy – millions of masses cast their votes in
order to determine the direction in which these issues should be
resolved – it is based in the uristocratic state on the struggle with
legal arguments, and the final decisions are made by the supreme
court or constitutional court. The analysis also shows that this
state operation has not only become popular in a number of
countries around the world but it has also a special legitimacy
base for this. Apart from some share-outs in the principles of
democracy, the justification of the state’s decisions are always
made – with fewer or more chains of reasoning – by deduction
from the Constitution. This special legitimacy makes it a top
priority for examining how the decision-making processes of
the constitutional court actually take place and whether there
are structural distortions in deriving these decisions from the
Constitution. The analyses show seven such distortions; in
the last chapter of the book, some modalities for refinements
are analysed. It is stated that by these refinements the juristic
decision-making processes will be more appropriate to match
this legitimacy promise. On the other hand, the analysis suggests
that even if we admit the state’s juristocratic base, we still have to
strive to at least partially fasten it back to the principles
of democracy.