Separation of Powers and Institutional Independence (Half-Term: Berlin)

This course revisits classical theories of separation of powers and asks what the separation of powers means today. We examine what is means to classify institutions as independent and what mechanisms can be put in place to secure such independence over the long term. The judiciary will be the primary focus, but attention is also paid to the administrative state (and the attendant normative debate whether certain forms of exercising power by independent agencies is legitimate or not). We also study how in countries where a process of autocratization has been reversed, the independence of the judiciary and other institutions can be restored.