Trajectory of Political Science Subfields- LAW AND POLITICS SUBFIELD
Outline
Introduction
- Every country is exposed to political change and hence , legal changes and developments
Overview
- Includes the various sections discussed in this script
Discussion
-The major argument on current changes in laws and politics and arising issues
Implications for future exploration
- The resulting issues to be studied in future
Conclusion
- Concluding summary of the major points
Introduction
A society or nation cannot be immune to the various developments taking place in the global environment. The legal systems is largely influenced by the political occurrences happening which makes the two aspects quite inter-dependent. The emerging issues in the society are largely being handled politically, but require legal support so that they can be justified. The legal idea of laws may remain static or change as political circumstances change.
Overview
The aim of this paper is to evaluate the emerging issues, ideas and even controversies relating to the link between politics and law. It specifically explores how the law transforms under the influence of political decisions or the emerging issues require legal and political solutions. A presentation on the impact of future exploration of globalization as a legal aspect is also discussed.
Discussion
Law and politics have both a function that is progressive and another one that acts as a safeguard. They both promote or suppress societal relations development while at the same acting as a function that brings justice and order, either separately or together. When confronted with a revolutionary shift in politics, there is inclination of the law to resist such changes, that many a times makes it irrelevant and completely moralistic[1]. On the other hand, there may be an attempt to embrace the change but this comes with a risk of being reduced into unapologetic brute power. This is more likely to occur in a period of increased international relations and globalization. A collision between law and politics is likely to arise only if the structures provided by a constitution are not right and do not provide full account for the autonomy of the two[2].
In the early years during the establishment of Critical Legal Studies, a discussion was on-going relating to “rationalism v. irrationalism”. Such appears to have been misleading when related to utility and social order[3]. There has been a common claim in recent years that it is important for legal theory to critically engage in the issue of globalization. Law is becoming increasingly engrained in heritage management but the inquiry into how law and practice interact has overshadowed the basis issue of whether the law will remain compatible or incompatible with sustained future development[4]. The norms at the international level have rendered law implicit. It has contoured the contemporary policy formation paradigms after the past socio-politics. In the 20th century, the legal education in Western worked seemed to be state oriented, positivist and secular and even Universalist in terms of morals[5]. However, the rule of law has remained a constant issue in policy development and practice and over the recent times, international commitments and policy discourse has become quite prominent. While globalization is constantly increasing, the rule of law is gaining international support and has seen various political interventions even though the focus has largely been reforms in justice sector and legal change[6]. There has also been increased interest in understanding the relationship between political sentiments and law. This involves having two understanding; rule of law as an outcome of political efforts and a central aspect in organizational and institutional limitations.
As major states adopt the rule of law in their governance and in line with the global trend, there has been a major threat to such efforts. Emerging issues such as terrorism have increased the link between law and politics give that such issues require a legal process that is politically installed[7]. For instance, the emergence of ISIS in Syria and Iraq lead to international political cohesions with a call to put in place legal structure to contain the menace. The International coalition between United States and other governments was political but required justification through the rule of law. The law has been a common platform whose structures transcend the sovereignty of a country so that its scope has provided legitimacy for the various actions being taken by governments[8]. The link between politics and law in theory continues to dominate much if the jurisprudence scholarship.
Implications for future exploration
The emerging issues in the law have been shaped largely by the political environment as aforesaid. The above discussion opens the way for exploring globalization as a legal idea or concept. A research on increased globalization and implications on law will be critical. This includes looking into whether globalization transforms the legal field at the domestic and international level. Moreover, the impact of changing political environment on legal pluralism can also be reviewed in future. Legal pluralism involves a situation where legal systems exist in the same political or social field.
Conclusion
The law of a given sovereign country is constantly under the influence of emerging political interests for dealing with emerging issues. This gives rise to explore globalization as a legal concept in future.
References
Goldoni, Marco, and Chris McCorkindale. "The three waves of political constitutionalism." (2018).
Sieder, Rachel, Line Schjolden, and Alan Angell, eds. The judicialization of politics in Latin America. Springer, 2016.
Ip, Eric C. "Globalization and the future of the law of the sovereign state." International journal of constitutional law 8, no. 3 (2010): 636-655.
Michaels, Ralf. "Globalization and law: law beyond the state." (2013).
[1] Goldoni, Marco, and Chris McCorkindale. "The three waves of political constitutionalism." (2018).
[2] Sieder, Rachel, Line Schjolden, and Alan Angell, eds. The judicialization of politics in Latin America. Springer, 2016.
[3] Goldoni, Marco, and Chris McCorkindale. "The three waves of political constitutionalism." (2018).
[4] Ip, Eric C. "Globalization and the future of the law of the sovereign state." International journal of constitutional law 8, no. 3 (2010): 636-655.
[5] Ip, Eric C. "Globalization and the future of the law of the sovereign state." International journal of constitutional law 8, no. 3 (2010): 636-655.
[6] [6] Ip, Eric C. "Globalization and the future of the law of the sovereign state." International journal of constitutional law 8, no. 3 (2010): 636-655.
[7] Michaels, Ralf. "Globalization and law: law beyond the state." (2013).
[8] Ip, Eric C. "Globalization and the future of the law of the sovereign state." International journal of constitutional law 8, no. 3 (2010): 636-655.
