The Principle of the Separation of Powers

The Principle of the Separation of Powers
Author :
Publisher : Lexington Books
Total Pages : 203
Release :
ISBN-10 : 9781498523356
ISBN-13 : 1498523358
Rating : 4/5 (358 Downloads)

Book Synopsis The Principle of the Separation of Powers by : Zoltán Balázs

Download or read book The Principle of the Separation of Powers written by Zoltán Balázs and published by Lexington Books. This book was released on 2016-12-13 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The separation of powers is one of the most cherished principles of constitutional government in the Western tradition. Despite its prestigious status, however, it has always been controversial. It has been attacked for being inadequate to account for institutional realities; for being inapplicable to parliamentary systems; for lacking a convincing normative grounding and even for being harmful, inasmuch as it hampers both the immediate enforcement of popular will and efficient political leadership. Current political crises all over the world, especially the rise of populist democracies and authoritarian regimes, however, make the principle worth a closer, more positive examination. This book takes stock of the criticisms of the principle of separation of powers and attempts to offer a new normative account of it. It argues that the separation of powers cannot be restricted to governmental institutions, agencies and decision-making procedures. Rather, it must be derived from the very basics of government, from the very notions of political order and articulated government and from the distinct though related concepts of social and governmental power and of authority. Once these distinctions are made, institutional separations are easier to be established. Contrary to the classical and most contemporary conceptions of the principle, the present account argues for a relational and negative conception of the separation of powers. The legislative branch in conceived of as the one where political authority, political power and social power are all equally represented. The executive branch is best understood as excluding social power whereas the judicial branch is marked for its opposition to the influence of political power. This conception avoids the pitfalls of essentialism and functionalism and makes the principle applicable in a much wider international context.


The Principle of the Separation of Powers Related Books

The Principle of the Separation of Powers
Language: en
Pages: 203
Authors: Zoltán Balázs
Categories: Political Science
Type: BOOK - Published: 2016-12-13 - Publisher: Lexington Books

GET EBOOK

The separation of powers is one of the most cherished principles of constitutional government in the Western tradition. Despite its prestigious status, however,
The Spirit of Laws
Language: en
Pages: 492
Authors: Charles de Secondat baron de Montesquieu
Categories: Jurisprudence
Type: BOOK - Published: 1886 - Publisher:

GET EBOOK

The Principles of Constitutionalism
Language: en
Pages: 417
Authors: N. W. Barber
Categories: Law
Type: BOOK - Published: 2018-07-25 - Publisher: Oxford University Press

GET EBOOK

In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influ
The Rule of Law and the Separation of Powers
Language: en
Pages: 1096
Authors: Richard Bellamy
Categories: History
Type: BOOK - Published: 2017-07-05 - Publisher: Routledge

GET EBOOK

The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subo
The Evolution of the Separation of Powers
Language: en
Pages: 277
Authors: David Bilchitz
Categories: Constitutional law
Type: BOOK - Published: - Publisher: Edward Elgar Publishing

GET EBOOK

To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often i