
Contents
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8.1 Introduction 8.1 Introduction
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8.2 Basic Elements in Comparative Context 8.2 Basic Elements in Comparative Context
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8.3 Courts and Politics: Elements of the Greek Rule-of-Law Paradigm 8.3 Courts and Politics: Elements of the Greek Rule-of-Law Paradigm
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8.3.1 When Judges Rule Beyond Legal Standards: Judicial Activism and Judicialization of Politics 8.3.1 When Judges Rule Beyond Legal Standards: Judicial Activism and Judicialization of Politics
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Economy during the Eurozone Crisis Economy during the Eurozone Crisis
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National and Religious Identity National and Religious Identity
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Environmental Issues Environmental Issues
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8.3.2 When Politics Rule instead of Law: Judicial (In)Dependence 8.3.2 When Politics Rule instead of Law: Judicial (In)Dependence
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8.3.3 When the Law Does Not Rule: Judicial Ineffectiveness 8.3.3 When the Law Does Not Rule: Judicial Ineffectiveness
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8.4 Research Agendas for the Future 8.4 Research Agendas for the Future
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References References
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8 The Judiciary
Get accessMichael Ioannidis, Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law
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Published:10 November 2020
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Abstract
This chapter introduces some basic characteristics of the Greek judiciary and its role in Greek politics. The first part offers an overview of the building blocks of the Greek judiciary in comparative perspective. The focus here is on the judicial review of constitutionality, one of the major gates through which courts enter the world of politics. The second and main part is dedicated to the substance of the relationship between Greek politics and the judiciary. The Greek courts and politics cross ways at three main junctures. First, there are instances where courts exercise judicial discretion over fundamental questions of public policy, such as the economy, national and religious identity, and the environment. In these fields, the judiciary is often called to rule beyond clear legal standards and engages in political assessments, a theme generally captured in the concepts of judicial activism or the judicialization of politics. Second, there are occasions when political institutions—mainly the executive power—interfere with judicial organization and decision-making, challenging judicial independence. Third, judicial ineffectiveness, namely the systemic problems of Greek courts in delivering timely justice, contributes to the general perception that in Greece, law often does not rule, thus further weakening the citizens’ trust in the state and the political system. Combined, these three dimensions sketch the basic contours of what can be called the Greek rule-of-law paradigm. Finally, the third part of the chapter sketches directions for future research agendas.
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