The impossible balance between powers and the judicialization of politics

Abstract

The article deals with the problem of the judicialization of politics and its relation to modern theories of the separation of powers and mechanisms of institutional equilibrium that ensure the duration of free political regimes. In the light of some Federalists' articles, we seek to explore the limits of these theories and the risks that political bodies face in failing to take account of the partisan character of political relationships present in all political regimes. Throughout the article we seek to give attention to the current Brazilian case in which the Judiciary has played a leading role in the political life of the country.