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2 - Courts and the Executive Branch

Published online by Cambridge University Press:  25 July 2025

Kate O'Regan
Affiliation:
University of Oxford
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Summary

This chapter turns to the relationship between the courts and the executive branch of government. The executive branch is ordinarily the most powerful branch of government, and when courts act to hold the executive to account, they are often at risk. The charged relationship between courts and the executive arises not only from the political tension that is generated by holding a powerful executive to account, but also from the different structural and functional characteristics of the executive and the judiciary. The chapter analyses these characteristics, noting that courts must act fairly and independently deciding the disputes that come before them and the executive must act to protect the state and its inhabitants and govern effectively. The chapter then illustrates the dynamic relationship between the courts and the executive by exploring three difficult contexts for that relationship: illiberalism and authoritarianism, emergencies and crises, and corruption by members of the executive branch.

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Publisher: Cambridge University Press
Print publication year: 2025

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