自20世纪五六十年代以降,在国际社会尤其在拉丁美洲,一股强劲的权力从立法到司法流动的政治司法化现象产生。它表现为:立法与司法之间权力的重新分配、司法对行政权行使的限制、司法对小党派和边缘群体权利诉求的支持、经由诉讼的社会动员等方面。产生这一现象的原因较为复杂,既有来自克服经济和政治危机的考量,也有全球民主与人权事业发展的原因。 Since the 1950s and 1960s, there has been a phenomenon of political juridification in the international community, especially in Latin America, from a strong legislative power to the flow of justice. It manifests itself in the redistribution of power between the legislature and the judiciary, the judicial restrictions on the exercise of the executive power, the judicial support for the petitions of the minor parties and the marginalized groups, and the social mobilization through litigation. The reasons for this phenomenon are complicated by both considerations of overcoming economic and political crises and the development of the cause of global democracy and human rights.