Title: Legal perspectives on coalition agreements: the input of domestic courts
Authors: Vassilis Pergantis
Addresses: Department of International Studies, Faculty of Law, Aristotle University of Thessaloniki, Office 406, University Campus, 54124 Thessaloniki, Greece
Abstract: The practice of coalition agreements has exponentially grown in the last decades. Their repeated use has led to increased inquiries over their legal status and conformity with constitutional law. This article provides an overview of the relevant domestic (constitutional) case-law on the legal nature of coalition agreements, the applicable law and their justiciability. It also systematically presents the judicial insights of Israeli, German and Dutch courts on the legal issues arising from coalition agreements, particularly with regard to challenges to transparency requirements, the constitutional functions of state organs and the separation of powers.
Keywords: coalition agreements; coalition governments; domestic courts; legal nature; transparency; imperative mandate; separation of powers; justiciability.
DOI: 10.1504/IJHRCS.2019.097982
International Journal of Human Rights and Constitutional Studies, 2019 Vol.6 No.3, pp.249 - 263
Received: 13 Nov 2018
Accepted: 16 Nov 2018
Published online: 25 Feb 2019 *