Thus, the State is not only the quiet bureaucratic apparatus that is slowly formalized and reduced to
juridification, interested in its own nullification and imperceptible, dispersed presence.
In the decentralization era, it was revitalized for the
juridification of local customary law (Ramstedt 20146, p.
In government, it occurs through the instrumentality of "
juridification," which Habermas defines as "the tendency toward an increase in formal (or positive, written) law that can be observed in modern society." (111) In other words, we have imposed on ourselves a system of law that is as incomprehensible to us as the law of a colonial power is to the native people it has colonized.
disdained the "
juridification" of the interwar order, they too
Pangalangan's winning piece, 'Enforcing Liberty and Prosperity Through the Courts of Law: A Shift in Legal Thought from
Juridification to Judicialization,' will receive P300,000 plus a plaque of recognition during the formal awarding ceremony on March 23 at the Ateneo de Manila Law School in Makati.
(158.) See generally John Gillespie,
Juridification of State
To put it differently, if one endorses Cassis de Dijon and Centros, one is endorsing not a process of
juridification (as these are matters which are within the realm of the law anyway) as a process of judicialization.
And, if so, is this interference workable in practice without a
juridification of politics?
The proliferation of judiciary organs--including national courts and arbitral bodies--that we have seen in the last twenty years makes more sense when seen as part of a more general move in the field to disaggregation and
juridification".
(116.) See, e.g., Gralf-Peter Calliess & Moritz Renner, From Soft Law to Hard Code: The
Juridification of Global Governance (U.
legalization and
juridification of a number of executive-power questions