Abstract
From a perspective of both separation of powers – or checks and balances – and peaceful settlement of disputes, impartial solution or settlement of disputes by official courts is an important ingredient of the rule of law. Impartial solution is enhanced if it is controlled by objective norms, laid down in statutes or other legislative or constitutional instruments. Furthermore it is facilitated if the judiciary – part of the public organization of the State – has a position independent of the government and the legislature. It must be said, however, that the relationship between impartiality and independence in general is not entirely unambiguous.1 The European Court of Human Rights (ECtHR) is very sensitive about the two notions, and has found violations of Article 6 ECHR by the Netherlands in two cases.
This chapter was written in 2010 and finalized at the end of that year.
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© 2012 Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V.
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de Lange, R. (2012). Judicial Independence in The Netherlands. In: Seibert-Fohr, A. (eds) Judicial Independence in Transition. Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, vol 233. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-28299-7_7
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DOI: https://doi.org/10.1007/978-3-642-28299-7_7
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