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Part VI Institutions, Ch.40 The Judiciary: The Least Dangerous Branch?

Daniel Smilov

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

The judiciary is an essential element of all contemporary constitutional regimes, and yet, there is no single best model of institutionalizing the role of the magistrates vis-à-vis other branches of power. Most contemporary models envisage complex systems of checks and balances, or mutual interdependence.1 While it is clear the judiciary needs constitutional prerogatives and guarantees of independence in order to make sure that there is sufficient division of power, or that ‘Ambition [is] made to counteract ambition’,2 only a tentative checklist of such...
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