FROM GOVERNMENT TO GOVERNANCE, FROM JUDICIARY TO…?

Abstract

It is clear from the research on the political and legal constitutions around regulatory power that it is a complex picture. The question for this paper is whether there is a relationship between regulatory governance and institutions and the judiciaries, i.e. are they constrained by the rule of law in the same way as classical administration? The first part of this paper will start to chart out an expansion and contraction of judicial power in relation to executive powers. The second part will provide a comparison between England and France’s regulatory systems and their relationships to their respective judiciaries. The conclusion sets out to answer the main question of where the judiciary sits in an a complex political, economic and legal tapestry to control a hybrid institution that sits outside of a legal constitution