Die These, dass Verfassungsgerichte, Experten und unabhängige Instanzen die Gesellschaft zunehmend regieren, ist umstritten. Ziel dieses Beitrags ist es nicht, die mögliche empirische Untermauerung dieser Annahme weiter zu prüfen, sondern zunächst zu untersuchen, was diese unabhängigen...

This chapter surveys economic perspectives on the separation of powers, revealing how contemporary research in political economics and the economic analysis of law conceptualize and assess institutional checks on government authority. Emphasizing principal-agent theory, it unpacks how...

Israel's government is rapidly dismantling the separation of powers and expanding its control over the state apparatus. The military response to the attack by Hamas and other armed groups on 7 October 2023 appears to be leading to a permanent reoccupation of the Gaza Strip. The "voluntary"...

Purpose - This paper aims to scrutinize some determinants that affect the functions and roles of contemporary parliaments. In particular, such parliaments attempt to involve in new areas that were not represented in parliamentary study and to play new roles in the areas of development,...

This Article demonstrates for the first time how civil servants check and restrain presidential power through collective bargaining. The executive branch is typically depicted as a top-down hierarchy. The President, as chief executive, issues directives with vast implications for federal policy....

The rise of independent institutions, particularly central banks, and the increasing significance of the interplay between monetary, fiscal, and financial policies demand a critical reassessment of modern macroeconomic constitutions and their institutional architectures.The paper's core focus...

The administration of Justice is one of the primary functions of the state. The Constitution of Nepal has clearly entrusted the responsibility of the administration of Justice to the Judiciary. The Judiciary is one of the institutions on which rests the noble edifice of democracy and rule of...

De jure judicial independence (JI) is the single most important predictor of de facto JI. In this paper, we describe under what conditions countries are likely to include JI in their constitutions. We describe and analyze both their original choice in this regard as well as change over time...

In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act ("FAA") as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts' caseloads,...