Separate opinions in the constitutional jurisdictions of the Baltic States: Applicants and politicization of judgments
Categoria dell'articolo: Research Article
Pubblicato online: 28 apr 2025
Pagine: 1 - 18
Ricevuto: 15 set 2024
Accettato: 12 mar 2025
DOI: https://doi.org/10.2478/acpo-2025-0001
Parole chiave
© 2025 Hannes Birkenbeul, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Politicization of courts is a hot topic in public discourse and research. However, to date, we know little about the factors that lead to politicized judgments and dissent within courts, although the politicization of courts is generally seen as something negative. To contribute to existing hypotheses and findings, the applicants’ political intentions and their access to the court are used as variables to measure levels of politicization. To measure differences, separate opinions in the constitutional jurisdictions of the Baltic states are analyzed. Results show that, in Estonia and Latvia, cases initiated by applicants with wide-ranging court access exhibit higher levels of politicization, confirming existing theories. However, the case of Lithuania and other potential causes of politicization require further research. The results provide for a deeper understanding of the relationship between law and politics.