Going beyond Judicial and Uniform Understandings of the Rule of Law
In a democratic state governed by the rule of law, the principle of the separation of powers should be underpinned by trust, cooperation and dialogue. In order to guarantee that a state is governed in accordance with law, the position of the judiciary in a democratic state governed by law must be protected and the understanding of the rule of law should be coherent. However, the relationship between the role of the judiciary and state policies in responding to diverse needs in pluralistic societies is complex and that should not be overlooked. In the panel, we present four approaches to this issue. We will explore the constitutionalisation of the rule of law in the EU legal system, discuss threats to the rule of law on a national and EU level, assess the precarious balance between federalism and the rule of law, and consider the restrictions that should be placed on the legislator in creating interpretative provisions in order to secure the separation of powers.