A REVISIONIST VIEW OF THE SEPARATION OF POWERS

Citation
G. Brennan et A. Hamlin, A REVISIONIST VIEW OF THE SEPARATION OF POWERS, Journal of theoretical politics, 6(3), 1994, pp. 345-368
Citations number
17
Categorie Soggetti
Political Science
ISSN journal
09516298
Volume
6
Issue
3
Year of publication
1994
Pages
345 - 368
Database
ISI
SICI code
0951-6298(1994)6:3<345:ARVOTS>2.0.ZU;2-P
Abstract
The doctrine of the separation of powers at almost universal support a s a central element of the liberal constitution designed to protect ci tizens against governmental power. However, there is little agreement on, or analysis of, the precise institutional requirements of the doct rine or the method by which the claimed benefit is achieved. We set ou t a simple model of the interaction between citizens-voters, the legis lature and the executive to illustrate that the functional division of powers can operate systematically against the interests of citizen-vo ters. This case provides the basis both for a taxonomy of distinct sen ses of the separation of powers, and for the revisionist claim that th ere is a general liberal presumption against the functional separation of powers.