Courts and the Separation of Powers

Abstract

This panel explores the interactions and relationships between courts and the other branches of government. One set of questions concerns the relative power of the judiciary vis-a-vis the other branches. Weber investigates how the executive-court relationships in Latin-America developed during the Covid-19 pandemic. Lázaro employs novel data and methods to investigate how the anticipation of judicial review influences the legislative process. Another important question concerns how the judiciary should be governed. Sipulova and Kosar consider the functioning of judicial councils from a separation-of-powers perspective, distinguishing between judicial councils that represent the judicial branch, judicial councils with representation from each branch, and impartial judicial councils.They argue that only impartial councils can adequately prevent the capture of the judiciary by political or internal forces. Finally, an important set of questions concerns the role of the judiciary in deciding political questions. Komshukova considers the legitimation strategies employed by Russian Constitutional Court as it balances legal and political considerations, while Figulova investigates the extent of judicial activism in Slovakia, with particular emphasis on cases involving human rights violations committed by the state.

Title	Details
The influence of abstract review on the legislative process: Does constitutional justice work as check and balance for democracy?	View Paper Details
(MIS)INTERPRETATION OF LEGISLATION AND JUDICIAL ACTIVISM: CASE STUDY SLOVAKIA	View Paper Details
Court-Executive Relations under the Pandemic	View Paper Details
Triple understanding of judicial councils	View Paper Details