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Title VII of the Constitution of the Principality of Andorra, the exposition of motives and title II of the Qualified Law of Justice (LQJ) all enshrine the separation of powers in a State under democratic law.

Thus, institutional practice post-constitution, in accordance with this spirit of establishing a third independent power — the Judiciary, has brought into prominence the figure of the third institutional personality: the president of the Higher Council of Justice of Andorra (CSJA). He represents the full legal acceptance of the term “Higher Council of Justice” and, further, the judicial power in general.

The spirit and letter of the Constitution and the Qualified Law of Justice, in the Andorran ordinance, enshrine a total separation of the Executive from the Higher Council of Justice. In parallel, they reinforce the latter’s independence and democratic nature, through the president of this Council being appointed by the Speaker of Parliament (Síndic General), an emanation of the popular will and of scrutiny.