NCJ Number
53665
Date Published
1978
Length
146 pages
Annotation
THE RELATIONSHIP BETWEEN THE EXECUTIVE AND JUDICIAL BRANCHES OF GOVERNMENT IN THE CANTON OF GENEVA, SWITZERLAND, IS DISCUSSED TO ILLUSTRATE THE PRACTICAL CONSEQUENCES OF SEPARATION OF POWERS.
Abstract
SPECIFIC TOPICS RELATE TO THE CONTROL OF EXECUTIVE ACTS BY JUDGES (DIFFERENTIATION OF ACTS, THE PRINCIPLE OF INDEPENDENCE IN THE EXERCISE OF COMPETENCE, AND PREJUDICIAL QUESTIONS) AND TO LAWS AND PRACTICES GOVERNING THE COMMUNICATION AND THE NONCOMMUNICATION OF INFORMATION BETWEEN THE JUDICIAL AND EXECUTIVE BRANCHES. ALSO OUTLINED ARE CIVIL RESPONSIBILITIES FOR WHICH COUNSELORS OF STATE CAN BE HELD ACCOUNTABLE IN A COURT OF LAW ACCORDING TO FEDERAL AND CANTONAL LAW. FURTHERMORE, THE AUTONOMY OF JUDGES IS DESCRIBED WITH REGARD TO APPLYING LAW TO OTHER STATE AUTHORITIES AND SUPERVISORY POWERS OF THE SUPERIOR COUNCIL OF JUSTICES, THE COUNCIL OF STATE, AND THE GRAND COUNCIL OVER COURTS WITH VARIOUS JURISDICTIONS. IMPLICATIONS OF AND EXCEPTIONS TO THE PRINCIPLE THAT THE EXECUTIVE BRANCH MUST CARRY OUT JUDGMENTS EVEN IF IT OPPOSES THEM ARE ALSO ENUMERATED. FINALLY, THE PROBLEMS ARISING FROM THE RIGHT OF PUBLIC OFFICIALS, COUNSELORS OF STATE, AND JUDGES TO CRITICIZE OTHER BRANCHES OF GOVERNMENT ARE INVESTIGATED. EXTENSIVE REFERENCES ARE SUPPLIED. --IN FRENCH. (KMD)