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Judicialization of Society and Challenges for Civil Procedure

Publication at Faculty of Law |
2018

Abstract

The level of regulation of human behavior by law and the associated influence of judicial decisions are on the rise in contemporary society. The text offers arguments that this proposition is valid for both public and private law.

In the latter sphere the legislator grants broader authorization to courts to interfere in private relationships and change them; however, the courts do not always have clear guidelines and sufficient instruments to reach a fair outcome. These tendencies pose a real challenge for civil procedure and its legal regulation.