The Judicial independence can be defended both as a constitutional, objective and structuring principle of the institutions, an element of the separation of powers and, at the same time, as a subjective fundamental right, an element of the right to a fair trial. This double dimension is a source of conceptual and practical confusion.
CITATION STYLE
Bioy, X. (2019). Judicial Independence: Constitutional Principle or Human Right? In Judicial Power in a Globalized World: Liber Amicorum Vincent De Gaetano (pp. 63–73). Springer International Publishing. https://doi.org/10.1007/978-3-030-20744-1_4
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