European Yearbook of Constitutional Law 2019: Judicial Power: Safeguards and Limits in a Democratic Society

Intro -- Editorial Board -- Board of Recommendation -- Preface -- Contents -- Editors and Contributors -- Part I -- 1 Introduction: Safeguards and Limits of Judicial Power -- 1.1 Judicial Power and Judicial Independence -- 1.2 Judges in a Democratic Society -- 1.3 Varieties of Safeguards and Limits -- 1.4 Deliberative Constitutionalism -- References -- 2 The Independence of the Belgian Constitutional Court -- Abstract -- 2.1 Introduction -- 2.2 The Independence of a Constitutional Court and the Rule of Law -- 2.2.1 Threatening the Independence of Constitutional Courts -- 2.2.2 The Rule of Law and the Independence of (Constitutional) Judges -- 2.3 The Institutional Independence of the Belgian Constitutional Court -- 2.3.1 The Conditions for Independence of the Institution -- 2.3.1.1 The Legal Foundations of the Belgian Constitutional Court -- 2.3.1.2 The Autonomy of the Belgian Constitutional Court -- 2.4 The Independence of the Judges -- 2.4.1 The Appointment Procedure -- 2.4.2 The Mandate and its Incompatibilities -- 2.4.3 Discipline and Dismissal -- 2.5 No Dissenting Opinions by Constitutional Judges -- 2.6 Conclusion -- Acknowledgement -- References -- 3 Judicial Independence and Democratic Accountability: The Function and Legitimacy of the German Federal Constitutional Court -- Abstract -- 3.1 Introduction -- 3.2 The Function of the Federal Constitutional Court Over the Course of Time -- 3.2.1 Transformation of the Legal System on the Basis of Fundamental Rights -- 3.2.2 Legal Development on the Basis of State Duties -- 3.2.3 The Federal Constitutional Court and the Division of Powers -- 3.2.4 The Role of the Federal Constitutional Court in Relation to the European Union -- 3.2.5 The Mediating Function of the Federal Constitutional Court -- 3.3 Personal, Substantive, and Institutional Legitimation.

Chapter 1. Introduction: Safeguards and Limits of Judicial Power -- Chapter 2. The Independence of the Belgian Constitutional Court -- Chapter 3. Between Judicial Independence and Democratic Accountability: The Function and Legitimacy of the German Federal Constitutional Court -- Chapter 4. Italy and its Constitutional Court -- Chapter 5. Bipolar Constitutionalism in The Netherlands and its Consequences for the Independence and Accountability of the Judiciary -- Chapter 6. '... destroy all sense of dependence': On the Selection and Independence of the Judiciary in Norway -- Chapter 7. Judicial Independence and Accountability in the British Constitution -- Chapter 8. Independence and Accountability of the South African Judiciary -- Chapter 9. Judicial Independence and Accountability in the Council of Europe and the European Court of Human Rights -- Chapter 10. Accountability through Transparency and the Role of the Court of Justice of the European Union -- Chapter 11. The Last Soldier Standing? Courts versus Politicians and the Rule of Law Crisis in the New Member States of the EU -- Chapter 12. The Last Soldier Standing? Courts versus Politicians and the Rule of Law Crisis in the New Member States of the EU -- Chapter 13. The Strasbourg Court: Judges Without Borders -- Chapter 14. The Strasbourg Court: Acting Within its Limits.