Modern juristocracy poses serious risks to the balanced functioning of a democratic society.

It involves an excessive concentration of power in the hands of judges or courts, often going beyond the limits of what would be the traditional role of the Judiciary: interpreting and applying the law.

When the Judiciary becomes an active political actor, making decisions that should be the prerogative of the Legislative or Executive branches, several risks arise, as do the freedoms and choices of the individual.