84. Additional commitments could clarify the role of the executive branch, including heads of state, vis-à-vis other branches in a democratic system of government. Constitutional arrangements that place the executive above other branches of government, without effective checks and balances on this power, are incompatible with the participating States’ commitment to democracy and the rule of law. Similarly, changing constitutional terms of the executive through referenda raises legitimate questions about the “regularity and consistency in the achievement and enforcement of democratic order”.53 85. Independence of the judiciary is another fundamental element of a genuinely democratic system. While independence of the judiciary is widely recognized as a prerequisite for effective protection of human rights, its importance for the functioning of a democratic system of government should be underlined and further spelled out. In particular, the judicial review of executive and legislative acts deserves special attention as an essential cog in the machinery of checks and balances. Ñ Democratic law-making 86. Legislative transparency and efficiency is another central element of genuine democratic governance. While the OSCE States are clearly committed to the latter, there may be a need for a more stringent link that could provide a nexus with governmental transparency. Transparency requires not only the publication of legislation, but also the inclusiveness of the legislative process, as well as a degree of efficiency of procedures, which allow for the monitoring of legislation, and the regular assessment of its impact by the public.54 87. The role of legislatures should be particularly acknowledged in this context, especially with an emphasis on both their legislative and oversight functions. The right to establish political parties “in full freedom”55 should be expanded both to reassert the importance of political parties within a pluralist democracy and to tackle the issues of registration and the unimpeded operation of political parties. Ñ Administration of justice 88. The participating States’ clear commitment to ensure independence of the judiciary could be strengthened and complemented with further commitments that would safeguard fair and impartial administration of justice. These could include specific measures to improve court administration and case management, and introduce reliable recording of court proceedings and publication of court decisions. Special attention could also be given to improving access to justice, especially for the poor and other vulnerable groups. C. Countering terrorism 89. The international nature of the fight against terrorism and States’ co-operation on an international level give an added dimension to the need to protect human rights in this context. The erosion of the rule of law and the respect for human rights on the international level is counter-productive and may serve to undermine terrorism-prevention efforts across the 53  See the 1990 Copenhagen Document (para. 2). 54  See the 1990 Copenhagen Document (paras. 5.2 and 5.8) and the 1991 Moscow Document (para. 18.1). 55  Copenhagen Document, para. 7.6. 30 Common Responsibility: Commitments and Implementation