Die Haftung der Dritten Gewalt

The debate surrounding the accountability of the judiciary (the ‘third branch of government’) has gained considerable momentum in recent years. It reflects a growing academic and practical interest in the judicial branch, its power, legitimacy and accountability in the modern constitutional state, as well as the processes of change and transformation to which it is subject. This study examines the relevant developments and discussions. It aims to shed light on the prerequisites and functions of the liability of the judiciary in German, European and international law and to embed them in a comprehensive concept of ‘judicial accountability’. According to the thesis of this study, properly understood ‘judicial accountability’ can serve as an additional element of legitimacy for the ‘third branch of government’.

This title is also available as open access.