The Changes That Took Place in the Judicial System

This chapter examines the substantial changes in the judicial process in recent decades, driven by courts’ evolving understanding of their societal role and the growing complexity of legal issues. It explores how courts have expanded their involvement in regulating diverse aspects of life, adopting new procedural tools and deliberative practices to address multifaceted challenges. These changes include the use of supervised negotiations, the development of problem-solving and therapeutic courts, and the refinement of legal grounds such as reasonableness and proportionality. The chapter also highlights the increasing participation of amici curiae and other third parties in court proceedings, reflecting a shift from traditional bilateral disputes to multi-stakeholder deliberations. It argues that these transformations are rooted in the expansion of state powers and the growing complexity of modern societies, which have necessitated adaptations in judicial approaches to effectively navigate the dynamic legal landscape.