The Politicization of the Judiciary and Lawmaking


  • Giorgi Loria


The main aim of the paper is to find effective mechanisms to strengthen democracy and increase public participation. This research analyzes issues of coordinated activities of the legislature, the executive and the judiciary branches; Discusses the attitude of the judiciary towards politics; criticizes the participation of political forces in the staffing of the judiciary. It is stated an opinion that the judiciary should be an elective body and it should be elected by the citizens. The body exercising constitutional control should be a judiciary independent of the government bodies. By substantiated reasoning, it is reasoned that a judge should be more actively involved in lawmaking activities than is the case in the present situation. The paper, along with the normative material, analyzes the results of secondary research, scientific papers and studies of international organizations.
The research question is divided into several sub-questions; Based on their synthesis, after presenting them in unity, conclusions are drawn. The study identified questions that were answered step by step. First of all, the content and main task of the coordinated activities of the government bodies were discussed. The question that must be answered is whether the judiciary is a political body? Subsequently, there has been a debate on how to free judiciary from the influence of politics and interference from other branches of the government. And finally, based on the summary of the issues discussed, a conclusion has been made as to whether the judge carries out lawmaking and in what his this authority is reflected.