The Powers that Be: Rethinking the Separation of Powers

doi:10.1017/9789400602519

The Powers that Be

Rethinking the Separation of Powers

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Möllers, Christoph 2019. The Cambridge Companion to Comparative Constitutional Law. p. 230.

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Kosař, David Baroš, Jiří and Dufek, Pavel 2019. The Twin Challenges to Separation of Powers in Central Europe: Technocratic Governance and Populism. European Constitutional Law Review, Vol. 15, Issue. 3, p. 427.

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Edited by Hans Martien ten Napel, Wim Voermans

Publisher:: Amsterdam University Press
Online publication date:: November 2022
Print publication year:: 2016
Online ISBN:: 9789400602519
DOI:: https://doi.org/10.1017/9789400602519

Subjects:: Law and Economics, Law

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Both democratic legitimacy and the separation of powers as concepts have very much evolved alongside the state and over the last decades the state has been giving up ground to other power holders, particularly international (and even supranational) actors. This brings up the question of whether the combination of these concepts is still viable outside a traditional state context, and if so, in what form? This is the central question the current volume seeks to answer. In 2013 Christoph Möllers published his impressive monograph, The Three Branches; A Comparative Model of Separation of Powers. This inspirational book led to the idea to pitch it against both the agenda of us as researchers of the Institute of Public Law at Leiden Law School (resulting from a 2012 conference) and our own insights, as well as that of fellow travellers in the field.

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The Powers that Be

Rethinking the Separation of Powers

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

Frontmatter
pp 1-4

Table of Contents
pp 5-6

Introduction
pp 7-30

Part I - Separation of Powers in a Transnational Era
pp 31-32

Chapter 1 - The Separation of Powers and Constitutional Scholarship
pp 33-44

Chapter 2 - Separation of Powers beyond the State: The ‘inconveniences of [a]bsolute power’
pp 45-64

Chapter 3 - The Agony of Political Constitutionalism within the European Legal Space
pp 65-88

Chapter 4 - Accountability and the New Separation of Powers
pp 89-110

Chapter 5 - Trias Europea: Notes on Möllers Three Branches
pp 111-128

Part II - Legislative Power
pp 129-130

Chapter 6 - The Changing Role of National Parliaments in National Budgetary Matters in Light of the Increasing Centralisation of Fiscal Policy in the EMU
pp 131-152

Chapter 7 - The Rise of Regulators
pp 153-168

Chapter 8 - Constitutional Conventions and the UK Human Rights Act: From Parliamentary Sovereignty Towards the Separation of Powers?
pp 169-188

Part III - Executive Power
pp 189-190

Chapter 9 - EU Administrative Soft Law and the Separation of Powers
pp 191-214

Chapter 10 - Making a Virtue of Necessity: The Role of Discretion in Administrative Implementation
pp 215-236

Chapter 11 - Legitimising Transnational Decision-Making in theEU State Aid Regime
pp 237-256

Part IV - Judicial Power
pp 257-258

Chapter 12 - Enhancing the Legitimacy of the European Court of Human Rights: Emphasising the Margin of Appreciation Is Not the Way to Go
pp 259-274

Chapter 13 - Separation of Powers and the Limits to the Constitutionalisation of Fundamental Rights Adjudication by the ECtHR and the CJEU
pp 275-294

Chapter 14 - Make it a Better Placeâ: Transnational Public Interest Litigation and the Separation of Powers
pp 295-318

Epilogue
pp 319-320

Chapter 15 - Separation of Powers — a Short Manual for the Perplexed
pp 321-340

References
pp 341-368

Case Law
pp 369-374

About the Authors
pp 375-380

Index
pp 381-384

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The Powers that Be

Rethinking the Separation of Powers

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