Separation of Powers in Theory and Practice: An International Perspective
- ISBN-10
- 9058504948
- ISBN-13
- 9789058504944
- Category
- Judicial independence
- Language
- English
- Published
- 2010
- Authors
- L. E. de Groot-van Leeuwen, Wannes Rombouts
Description
The separation of powers is a foundation of democratic societies. But what does this doctrine mean in practice? How does the judiciary connect to the power of politics? This volume reports on the often tense and dynamic relationship between judges and governments. It covers political debate but also the many strategies used to attack and defend judicial independence. These strategies range from subtle elite negotiations to all-out media wars. The volume focuses on a number of countries with quite different legal histories, such as Italy, Bulgaria, Germany, the US and Israel. This volume has its origins in the Working Group for Comparative Study of Legal Professions of the International Sociological Association/Research Committee on Sociology of Law (ISA/RCSL). During meetings of this Group over the years, the idea emerged of working on the theme of the separation of powers. The present volume includes the contributions of members of the Working Group as well as other authors. A special workshop was held on the changing relationship between the judiciary and the other state powers at the International Institute for the Sociology of Law (IISL) in Oñati, Spain, in May 2007. Most of the contributions in this volume had their first public airing on that occasion. The chapters were completed in 2008. The success of this project must be attributed to the collaborative efforts of all the contributors, who gave their time and expertise.
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