Separation of Powers: The Minimal View
In his recent book Political Political Theory, Jeremy Waldron observes that despite the fact that the principle of the separation of powers is widely invoked in political and constitutional debates, it is still unclear what sort of requirements it imposes, and what are the reasons that ground this principle. In my paper I will offer...
State of Exception and Literature
In this panel, I seek to demonstrate a new dimension to understand literature and its connection to law. In the title of my paper, I refer to “state of exception’,“ an expression that lately has been overused. In my hunch, we may make out from a different perspective. To put it in more blunt terms:...
The invisible separation of powers
When examining the proper functioning of the principle of the separation of powers not only the institutional design of state institutions and their formal powers shall be taken into consideration. Legal institutions with primary functions not related to the system of the separation of powers can also affect the sphere of action of state powers,...
The concepts of a state necessity in legal theory
The concept of necessity is deeply rooted in legal traditions of many nations. A medieval Latin sentence: “necessitas legem non habet“ has its equivalents in the most of modern languages. Its meaning and importance in private and public law has evolved over hundreds of years. Despite many attempts, there is still no comprehensive juridical theory...