The judiciary and the separation of powers

The judiciary and the separation of powers

Theme 1

The judiciary and the separation of powers

Analysis of the nature of judi¬cial interpretation in the global legal order, the adequacy of and shifts in the separation of powers and related constitutional values, among others to assess this form of interpretation, and the cross-fertilisation between judicial bodies across various jurisdictions and levels.Key questions:ded to understand the process of judicial law-making in complex cases involving law beyond the state by public and private actors?

  • How is the doctrine of the separation of powers, in particular the position of the judiciary, understood in debates on judicial decisionmaking in the current Dutch legal order?
  • Do the constitutional doctrines such as the separation of powers, and the related doctrines of the division of powers and checks and balances, need to be reinterpreted and reformulated in order to assess the legitimacy of judicial decision-making in complex cases in the current legal order? What are practical consequences of shifts in the trias politica, as well as their impact on citizens?
  • In relation to supranational, regional and international courts and tribunals, to what extent are their judgments of relevance beyond their constituent instruments? What influence can they play within domestic legal orders and with domestic courts when there is no direct application?