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Transnational Networking and Elite Self-EmpowermentThe Making of the Judiciary in Contemporary Europe and Beyond$
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Cristina E. Parau

Print publication date: 2018

Print ISBN-13: 9780197266403

Published to British Academy Scholarship Online: May 2019

DOI: 10.5871/bacad/9780197266403.001.0001

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Thesis and antithesis: To check or not to check the Judiciary

Thesis and antithesis: To check or not to check the Judiciary

Chapter:
(p.157) 4 Thesis and antithesis: To check or not to check the Judiciary
Source:
Transnational Networking and Elite Self-Empowerment
Author(s):

Cristina E. Parau

Publisher:
British Academy
DOI:10.5871/bacad/9780197266403.003.0005

This chapter analyses Network Community discourses in order to better expose the causal role of its hegemonic norms. Key assumptions held by the Community about the qualities of their agenda are brought to light. Classical Anglo-Saxon conceptions of the separation of powers, checks and balances, judicial independence, and the rule of law, the utility of which has stood the test of time, are compared to the theory and practice of the Network Community’s Judiciary institutional design Template. The Network conceives of the separation of powers, checks and balances, judicial independence, and the rule of law as emanating from the autonomy and supremacy of a Judiciary so empowered as invariably to subordinate all other contestants in case of conflict with itself over constitutional meaning. The chapter ends with a systematic catalogue and critical examination of those few acts of state which the Network Community conceive as legitimate checks and balances on their Judiciary design.

Keywords:   separation of powers, rule of law, checks and balances, judicial independence, British Constitution, American Constitution, judicial supremacy, autonomy, constitutional meaning

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