INDEPENDENCE OF THE JUDICIARY THROUGH A PHILOSOPHICAL PERSPECTIVE

Alexandru Cordoș and Diandra-Ioana Tanasă-Cozdreanu

FIAT IUSTITIA, 2021, vol. 15, issue 2, 47-61

Abstract: This paper analyzes the importance of the principle of independence of the judiciary in a rule of law, but also the separation of powers, these two principles leading to an independent and efficient justice. This study is based on a philosophical approach and perspective of the justice independence and separation of powers, but also how this principles are applied in Romania, considering accession at the European Union. The philosophical perspective has determined the detailed understanding of these two principles, thus observing their application during the existence of fortress-states, and now, when they are represented by national parties and institutions. Justice is one of the most important thing of consolidated democracy, and that is why it is important to see the trajectory of the theory and how is applied today, given the constitutional mechanisms.

Keywords: philosophy; law; rule of law; EU; separation of powers; state (search for similar items in EconPapers)
JEL-codes: K10 K16 (search for similar items in EconPapers)
Date: 2021
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