Separate opinions in the constitutional jurisdictions of the Baltic States: Applicants and politicization of judgment Cover Image

Separate opinions in the constitutional jurisdictions of the Baltic States: Applicants and politicization of judgment
Separate opinions in the constitutional jurisdictions of the Baltic States: Applicants and politicization of judgment

Author(s): Hannes Birkenbeul
Subject(s): Politics / Political Sciences, Constitutional Law, Governance, Politics and law, Sociology of Law, Comparative Law
Published by: Univerzita Karlova v Praze, Fakulta sociálních věd
Keywords: Separate opinions; Constitutional jurisdictions; Baltic states; Politicization; Constitutional applicant

Summary/Abstract: Politicization of courts is a hot topic in public discourse and research. However, to date, we know little about the factors that lead to politicized judgments and dissent within courts, although the politicization of courts is generally seen as something negative. To contribute to existing hypotheses and findings, the applicants’ political intentions and their access to the court are used as variables to measure levels of politicization. To measure differences, separate opinions in the constitutional jurisdictions of the Baltic states are analyzed. Results show that, in Estonia and Latvia, cases initiated by applicants with wide-ranging court access exhibit higher levels of politicization, confirming existing theories. However, the case of Lithuania and other potential causes of politicization require further research. The results provide for a deeper understanding of the relationship between law and politics.

  • Issue Year: 17/2025
  • Issue No: 1
  • Page Range: 1-18
  • Page Count: 18
  • Language: English
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