Centro de Documentação da PJ
Analítico de Periódico
CD 372
Reframing judicial appointments [Recurso eletrónico] : rule of law as a constraint on political manipulation / Teodora Miljojković
e-Pública, Lisboa, Vol. 12, nº 2 (novembro 2025), p. 26-51
Ficheiro de 660 KB em formato PDF.
ESTADO DE DIREITO, PODER POLÍTICO, ABUSO DE PODER, MAGISTRATURA JUDICIAL, SEPARAÇÃO DE PODERES
This chapter addresses the political abuse of judicial appointment procedures as a mechanism through which judicial independence may be undermined. It begins by reviewing the literature on appointment-related irregularities, drawing on both doctrinal analyses and comparative studies, while also noting conceptual limitations that leave important aspects of contemporary practices insufficiently explained. Against this backdrop, the chapter situates its inquiry within the existing theoretical debates on the rule of law and judicial independence, and seeks to enrich these normative concepts by examining how institutional safeguards can be eroded through formally legal but politically motivated interventions. By employing the rule of law as an interpretive lens - highlighting its role in constraining arbitrariness and grounding the exercise of public authority in justification - the chapter offers an additional analytical perspective for evaluating the legitimacy of judicial appointment reforms, complementing both the existing scholarship and the emerging case law.
