KADLEC, Ondřej and Adam BLISA. Superjudges and the Separation of Powers: A Case Study of Judicial Informality in Czechia. German Law Journal. Frankfurt am Main: Goethe University Frankfurt, 2023, vol. 24, No 8, p. 1282-1299. ISSN 2071-8322. Available from: https://dx.doi.org/10.1017/glj.2023.68.
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Basic information
Original name Superjudges and the Separation of Powers: A Case Study of Judicial Informality in Czechia
Authors KADLEC, Ondřej and Adam BLISA.
Edition German Law Journal, Frankfurt am Main, Goethe University Frankfurt, 2023, 2071-8322.
Other information
Original language English
Type of outcome Article in a journal
Country of publisher United States of America
Confidentiality degree is not subject to a state or trade secret
WWW URL
Organization Právnická fakulta – Repository – Repository
Doi http://dx.doi.org/10.1017/glj.2023.68
UT WoS 999
Keywords in English Superjudges; separation of powers; judicial informality; Czechia; judicial administration
Links 101002660, interní kód Repo.
Changed by Changed by: RNDr. Daniel Jakubík, učo 139797. Changed: 27/3/2024 04:12.
Abstract
Examining the practices of i) the selection of judges, ii) panel composition and case assignment, and iii) judicial off-bench activities, the article argues that some Czech judges, most often court presidents and apex court judges, use informal judicial institutions as tools to increase their influence on judicial administration and the decision-making of courts. As a result, these judges have far greater influence than the formal account of their roles might suggest. The article explores the context which facilitated the informal rise of these “Superjudges”, asserting that the key factors were institutionally independent judiciaries with individually dependent judges, the absence of a shared understanding of fundamental constitutional concepts, and the underperformance of Czech legal academia. The article then contends that while Superjudges may contribute to an informed, effective, and politically independent functioning of the judiciary, they also risk eroding important divisions of power which, in turn, might compromise the integrity of the judicial process, undermine the authority of courts, and disconnect the content of the law from the general interest.
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