Juridification of Politics – Contradictory Results of the Justice Sector Reforms in Georgia

Abstract

The interrelation between the law and politics permeates contemporary discussions of constitutional and statehood issues. Law and legal formalism have penetrated many areas, which were traditionally considered political, which has created a trend of juridification of politics globally. Juridification at the expense of reducing the role of political institutions, is provided by strengthening formal-legal systems. The struggle and change of balance between the “political” and the “legal” are characterized by a number of complex and contradictory outcomes. The aim of the presented work is to investigate the trend of juridification in Georgia in the light of the reform of the justice sector. For this purpose, the paper examines changes implemented in the judicial and prosecution systems within the framework of the 2017-2018 constitutional reform. The paper tries to answer two main questions: whether the constitutional reform strengthened juridification trend in Georgia, and what problematic/contradictory results may be associated with such a reform strategy.

Keywords

• law and politics
• balance of power
• constitutional reform
• liberal legalism
• legal formalism