Original scientific paper
CONSTITUTIONAL JUDICIARY IN POLITICAL PROCESS
Heinrich Scholler
; University of Munich, Munich, Germany
Abstract
The author analyses the role of the constitutional judiciary and the traditional theory of the tripartite division of power. His radical conclusion is: the division of power in Montesquieu’s sense, as a tool of control and balance in modern state, does not exist. There is no social violence to which such balance, control or correction could be applied to. In such circumstances, the role, selection and work of constitutional judges is of utmost significance for the control, correction and balancing of political process.
Keywords
Hrčak ID:
33563
URI
Publication date:
3.3.1998.
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