The principle of the separation of powers, far from being simply a constitutional principle for the organisation of public powers, is actually one of the traces that enables us to historically reconstruct the changes in constitutionalism and the original idea of defending the individual from the will of state power. We are today in the midst of a deep transformation of the public sphere,...
Is the Separation of Powers Applicable to Parliamentary Systems?
The paper examines the separation of powers in presidential and parliamentary systems. Some writers have argued that the separation of powers is not a feature of parliamentary systems. The paper examines the reasons for this scepticism, why it is groundless, and the ways in which the separation of powers structures the United Kingdom’s constitutional order.
The populist challenge to the separation of powers
Constitutionalism is in a state of flux. The concepts, structures and certainties on which the modern constitutional imagination is founded are under strain. From Poland to the United States, Latin America to Brexit Britain, there is evidence of political, social and institutional developments that challenge core tenets of constitutional government: of a loss of public...
The Separation of Powers from an Evolutionary Perspective: Reconciling Power and Freedom
Arguably no idea has been more central to democratic government than the separation of powers. In essence, we can distinguish two models of separation of powers: the “classic“ model emerged in reaction to the centralization of powers typical of absolutist states as an effort to protect individual liberties and. the “social“ model which reflects the...
The separation of powers in civil law countries
My paper will discuss how the separation of powers, as understood in civil law countries, proved ineffective in protecting liberty. I will argue that it has been quietly replaced by what Americans consider a system of checks and balances. I will argue that checks and balances are needed because as Lord Acton put it “Power...