Debates about judicial power in the United Kingdom and elsewhere are long-standing but have, in recent years become politicised and taken on a new lease of life. The adoption of a language of activism – in academic debate, political discourse and media reports - impacts how we understand judicial power and this is problematic. The current language is based upon a series of narratives which appear to offer clarity about a phenomenon which is inherently complex, changeable and context dependent.
This book makes the case for a ‘new’ language of judicial power. It offers an innovative analytical framework informed by political science and social theory which puts the ‘power’ back into the debates about judicial power. Using this framework aids the reader in ‘thinking politically’ about the subject in order to develop more comprehensive accounts of judicial power in any setting. It will be of use to scholars, legal practitioners, media professionals and anyone with an interest or reason to be thinking, writing or discussing the power of judges.
