Read more
Zusatztext In The New Separation of Powers Eoin Carolan provides a contemporary interpretation of one of the most venerable principles of constitutionalism: the separation of powers...Carolan engages with a wide range of different sources, drawing upon law, political theory, and institutional design with care and skill. Indeed, the broad approach adopted by Carolan, with its implicit insistence that writers on constitutional topics must look beyond the traditional boundaries of their discipline, is one of the most impressive features of the book; and indication, perhaps, of the direction of constitutional scholarship...Carolan has written a valuable book, and has made a lasting contribution to the discipline. Informationen zum Autor 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. Klappentext 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. Zusammenfassung 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. Inhaltsverzeichnis 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? ...