Part VI Institutions, Ch.39 Judicial Independence as a Constitutional Virtue
Roderick A. Macdonald, Hoi Kong
Edited By: Michel Rosenfeld, András Sajó
Contemporary constitutional theory gives pride of place to a small number of concepts, three of which—separation of powers, the rule of law, judicial independence—directly implicate the role of the judiciary in a state’s governance regime. The precise meaning of these three concepts and the manner of their instantiation varies widely among the 192 states that are members of the United Nations. Our first goal, consequently, is to situate the present chapter by clarifying the inquiries that it will address. The nouns and adjectives of the title serve as organizing...