Courts, power and politics: Europe in context (2025)

Master’s level. University of Copenhagen. Department of Political Science. 2025

Far from impartial interpreters of the law, courts often shape and are shaped by politics. The judicialization of politics—the phenomenon by which an increasing number of political and societal values are allocated by courts rather than elected politicians—has become a defining feature of governance in Europe. At its helm is the Court of Justice of the European Union (CJEU). Courts would have no political role if judges simply applied the law and politicians readily complied with their rulings. Instead, legislators often leave high courts with extensive interpretative discretion, while judges lack the power to enforce their decisions. The result is a strategic interplay where courts navigate their independence within political constraints.

We will ask questions like:

  • Are judges’ political preferences reflected in their decisions?
  • Is there a tradeoff between competence and ideology?
  • How do we balance judicial independence with accountability?
  • What is the influence of public opinion on courts’ willingness to challenge governments?
  • How do governments shape high court decisions?
  • What mechanisms shape judicial legitimacy?

The course draws on a variety of political science research methods, including quantitative, qualitative, and formal approaches. Students will engage with a mix of classics in the field and cutting-edge research to evaluate judicial behavior, institutional design, and the broader implications of courts in democratic governance. This course is relevant for students looking to study EU decision making from a different angle and those interested in the strategic dynamics of political institutions in established democracies.

Please familiarize with the reading list. The full syllabus and weekly material is available on our online classroom, Absalon.

Download the reading list
Avatar
Silje Synnøve Lyder Hermansen
Assistant Professor

Silje’s research concerns democratic representation in courts and parliaments. She also teaches various courses in research methods and comparative politics.

Related