The Third Power between the Rule of Law and Democracy

Main Research Area:
Research Area:

According to which criteria and procedures should judges be (selected)? Courts ensure the correct application of the law and thus fulfil a central task of the rule of law. Should they therefore be appointed primarily according to professional criteria, or do they also have to be democratically legitimised, as they increasingly also decide on political issues? The research project examines from a comparative law perspective what conclusions judicial selection procedures allow for about the central objectives and values of a legal system. The special situation of the judiciary in Liechtenstein is also addressed, which on the one hand relies on external expertise, but at the same time also strongly emphasises the democratic element.

Project duration: 2018–2019