According to the Dutch supreme court, this obligation arises from the articles 2 and 8 of the European Convention on Human Rights (ECHR), that is, the right to life and the right to respect for private and family life, home and correspondence. On 20 December 2019, the Supreme Court of the Netherlands decided that the Dutch state had the obligation to reduce the emission of greenhouse gas from Dutch soil by the end of 2020 to at least 25 percent relative to 1990. The term dikastocracy is often used within the context of an important judicial decision with great political implications such as the Urgenda case (HR 20 December 2019, ECLI:NL:HR:2019:2006). In this case, the relation between the legislation and the judiciary is permanently distorted. This phenomenon, also known as ‘dikastocracy’, refers to what one could call a ‘society ruled by the judiciary’, that is, a state in which the judiciary essentially make all important political decisions. Some say our society and our beloved rule of law will soon be dominated by members of the judiciary, by mere wearers of the very robes that are supposed to reflect lady justice’s values. In a worst-case scenario, our society is confronted with the usurpation of our political system by the judiciary. We frequently hear politicians who tell us that judges interfere too much with political matters. The separation of branches of power was once invented particularly to avoid absolutism and because we prefer the certainty of the rule of law above arbitrariness. In our political discourse there is the everlasting discussion about the relation between the legislature and the judiciary within the trias politica.
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