Judicialization of Environmental Policy and the Crisis of Democratic Accountability
Bibliographic record
Abstract
Abstract A growing global trend of judicializing environmental policy has been received with optimism, and in the context of democracies in transition, many have found in an active Supreme Court a potential solution to political impasses. However, as the judiciary is the least democratic of the three branches of government, what impact does judicialization have on democratic accountability? We claim that judicialization generates accountability losses in two ways. First, theoretically, when the Court takes on managerial functions that extend beyond its adjudicative role, it distorts its horizontal accountability functions. Second, empirically, when the Court becomes involved in policy formulation, effectiveness is not guaranteed yet there are no vertical accountability sanctions the polity can impose on judges. We illustrate this argument with an emblematic and instructive case of judicialization of environmental policy in Argentina. We conclude that judicialization to remedy policy failures undermines democratic accountability.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.024 | 0.037 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.016 |
| Scholarly communication | 0.006 | 0.003 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.003 | 0.005 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".