Abstract
This chapter explores the discourse of judicialization of politics and countermajoritarian difficulty. First, judicialization of politics is defined with the scope of Czech law and examined in totalitarian as well as democratic context. Relevant cases concerning the recent developments within this framework are presented. After that, we move on to put judicialization in perspective with the discourse about countermajoritarian difficulty.
Examples of relevant empirical studies are laid out. A very similar concept native to the
United States' legal doctrine. The conclusion scrutinizes the possible solutions to the countermajoritarian nature of court decisions in political questions and suggests a theoretical solution inspired by Anglo-American doctrine.