Standard understandings of the separation of powers begin with the concept of function. Professor Nourse argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the Article returns to proposals considered at the Constitutional Convention and considers diffic...

adjudication independence can be studied in two areas namely independency of judicial power and independency of judge. the first one is based on the separation of powers theory but judge independence means its freedom from parties and their attorneys and its independence in intern of judiciary power. this sense of independence has two objectives: 1) judge's freedom in applying the law to f...