The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops an original account of the principle and its implications for modern national and transnational public bodies.
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops an original account of the principle and its implications for modern national and transnational public bodies.
Christoph Möllers, Professor of Law at Humboldt-University and Permanent Fellow at the Institute for Advanced Study in Berlin, studied Law, Philosophy, and Comparative Literature at the Universities of Tübingen, Madrid, and Munich. He holds a Dr. iur. from the University of Munich and a Master of Law of the University of Chicago Law School. He was a Fellow at NYU School of Law and a Visiting Professor at Central European University Budapest and Université Paris II, Panthéon-Assas.
Inhaltsangabe
* Introduction: Constitutional Theory and Political Philosophy * 1: Division of Powers: Traditions and Meanings * The traditional division of powers: a comparative sketch on France, England, the United States, and Germany * The separation of powers - functions and meanings of a concept * Conclusions * 2: Self-Determination as the Source of Separated Powers * Self-determination as the basic concept of legitimacy * Self-determination through law * The three powers: a model from legitimacy * Conclusions * 3: Problems of Separated Powers in the Constitutional State * Parliament and Government * Constitutional Review * Limits of judicial control of the administration * Conclusions * 4: Separation of Powers Beyond the State * Introduction: The internationalization of law, an analysis from legitimacy * The internationalized constitutional state * European integration * International law * Hybrid organizations * 5: Outlook: Governance - Constitutionalization - A Fourth Branch?
* Introduction: Constitutional Theory and Political Philosophy * 1: Division of Powers: Traditions and Meanings * The traditional division of powers: a comparative sketch on France, England, the United States, and Germany * The separation of powers - functions and meanings of a concept * Conclusions * 2: Self-Determination as the Source of Separated Powers * Self-determination as the basic concept of legitimacy * Self-determination through law * The three powers: a model from legitimacy * Conclusions * 3: Problems of Separated Powers in the Constitutional State * Parliament and Government * Constitutional Review * Limits of judicial control of the administration * Conclusions * 4: Separation of Powers Beyond the State * Introduction: The internationalization of law, an analysis from legitimacy * The internationalized constitutional state * European integration * International law * Hybrid organizations * 5: Outlook: Governance - Constitutionalization - A Fourth Branch?
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