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New Challenges to the Separation of Powers

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New Challenges to the Separation of Powers

Dividing Power

9781788975261 Edward Elgar Publishing
Edited by Antonia Baraggia, Assistant Professor of Comparative Public Law, Department of Italian and Supranational Public Law, University of Milan, Cristina Fasone, Assistant Professor of Comparative Public Law, Department of Political Science, LUISS Guido Carli and Luca Pietro Vanoni, Associate Professor of Comparative Law, Department of Italian and Supranational Public Law, University of Milan, Italy
Publication Date: November 2020 ISBN: 978 1 78897 526 1 Extent: c 256 pp
This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.

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Critical Acclaim
Contributors
Contents
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This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.

Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East.

This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.
Critical Acclaim
‘In reflecting on the separation of powers, the authors of this diverse collection of essays engage fruitfully with Giovanni Bognetti's basic insight (famously enlivened by the Baron de Montesquieu himself) that the best constitutional theory is sensitive to time and place, and to the ever-changing political, social and economic landscapes of governance.’
– Peter Cane, Christ's College, Cambridge, UK

‘The indefatigable trio of Baraggia, Fasone and Vanoni have once again joined forces to produce an exciting and innovative resource for scholars in public law. This cutting-edge book brings together leading authorities in constitutional studies to diagnose and contextualize the present and future of the separation of powers. The editors have curated a brilliant set of chapters shining comparative, historical and theoretical light on enduring and emerging questions that will now have better answers thanks to this book.’
– Richard Albert, The University of Texas at Austin, US
Contributors
Contributors include: A. Baraggia, J. Baroš, F. Biagi, E. Carolan, F. Clementi, P. Dufek, T.T. Koncewicz, D. Kosař, M. Iacometti, S. Leone, I. Pellizzone, A Pin, Z. Pozsár-Szentmiklósy, I.A. Tassopoulos, L.P. Vanoni, A. Vedaschi, F. Venter, V.Z. Zencovich



Contents
Contents:


Introduction: Reflections on Giovanni Bognetti’s “Separation of Powers”
Vincenzo Zeno Zencovich

Section I: The theoretical challenges to the classical separation of powers’ doctrine
Introduction to Part I
Andrea Pin

1. Revitalising the social foundations of the separation of powers?
Eoin Carolan

2. Direct democracy and the separation of powers
Zoltán Pozsár-Szentmiklósy

3. New Challenges To The Separation Of Powers. The Role Of Constitutional Courts
Luca Pietro Vanoni

4. New challenges for the separation of powers: the rise of the administrative state
Antonia Baraggia

Section II: Transformations of the Separation of powers in National context
Introduction to Part II
Francesco Clementi

5. The Separation of Powers in New Constitutions
Francois Venter

6. Liquid Separation of Powers and Politics in Central Europe
Jiří Baroš, Pavel Dufek and David Kosař

7. The transformation of political parties and the guardians of the Constitution: the evolution of the power structure in the Italian system
Stefania Leone and Irene Pellizzone

Section III: The Separation of powers under pressure
Introduction to Part III
Arianna Vedaschi

8. “The symbolic jurisprudence”.Theorizing constitutional (re)capture, testing the limits of separation of powers and reimagining the judicial review
Tomasz Tadeusz Koncewicz

9. “Strict Conditionality” in the Perspective of the Separation of Powers
Ioannis A. Tassopoulos

10. North Africa and the Middle East after the Arab Uprisings: A New Separation of Powers?
Francesco Biagi

Conclusion: The separation of powers: a different notion over time and around the world?
Miryam Iacometti

Index





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