What is juridification?

This paper seeks to clarify the empirical and normative contents of juridifaction by drawing a line between five analytical dimensions of the term.

ARENA Working Paper 14/2005 (pdf)

Lars Chr. Blichner and Anders Molander

“Juridification” is an ambiguous term, both descriptively and normatively. The authors distinguish between five dimensions of “juridification”; constitutive juridification, juridification as law’s expansion and differentiation, as increased conflict solving with reference to law, as increased judicial power and as legal framing. In the first part they clarify the five dimensions. In the second part they discuss the relationship between them, and in a third and concluding part they briefly comment on some of the challenges they are faced with from a normative point of view.

Tags: legislative procedure, law, competences, constitution building
Published Nov. 9, 2010 10:52 AM