This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
Eoin Carolan is a practising barrister and a lecturer in law at University College Dublin. He previously lectured Constitutional Law at Trinity College Dublin and was a Visiting Researcher at Harvard Law School.
Inhaltsangabe
1: The Role of Institutional Theory in a Constitutional System 2: The Tripartite Separation of Powers Theory 3: Institutional Legitimacy and the Administrative State 4: The Search for Institutional Legitimacy 5: A New Theory of Institutional Separation 6: Institutional Legitimacy and Administrative Practice 7: The Relationship between the Administration and the Other Branches 8: From Exception to Orthodoxy? The Theory in Action 9: Conclusions: A Republican Theory of Institutional Separation?
1: The Role of Institutional Theory in a Constitutional System 2: The Tripartite Separation of Powers Theory 3: Institutional Legitimacy and the Administrative State 4: The Search for Institutional Legitimacy 5: A New Theory of Institutional Separation 6: Institutional Legitimacy and Administrative Practice 7: The Relationship between the Administration and the Other Branches 8: From Exception to Orthodoxy? The Theory in Action 9: Conclusions: A Republican Theory of Institutional Separation?
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