The powers that be : rethinking the separation of powers : a Leiden respose to Möllers / edited by Hans-Martien ten Napel and Wim Voermans.

Format:

Book

Contributor:

Napel, H.-M. T. D. ten, editor.

Voermans, Wim, 1961- editor.

Language:

English

Subjects (All):

Separation of powers.

Physical Description:

1 online resource (384 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Leiden : Leiden University Press, 2015.

Summary:

Both democratic legitimacy and the separation of powers as concepts have very much evolved alongside the state and over the last decades the state has been giving up ground to other power holders, particularly international (and even supranational) actors. This brings up the question of whether the combination of these concepts is still viable outside a traditional state context, and if so, in what form? This is the central question the current volume seeks to answer. In 2013 Christoph Möllers published his impressive monograph, <i>The Three Branches; A Comparative Model of Separation of Powers</i>. This inspirational book led to the idea to pitch it against both the agenda of us as researchers of the Institute of Public Law at Leiden Law School (resulting from a 2012 conference) and our own insights, as well as that of fellow travellers in the field.

Contents:

Cover

Title

Copyright

Table of Contents

Introduction

Part I: Separation of Powers in a Transnational Era

Chapter 1: The Separation of Powers and Constitutional Scholarship

Chapter 2: Separation of Powers beyond the State: The 'inconveniences of [a]bsolute power'

Chapter 3: The Agony of Political Constitutionalism within the European Legal Space

Chapter 4: Accountability and the New Separation of Powers

Chapter 5: Trias Europea: Notes on Möllers Three Branches

Part II: Legislative Power

Chapter 6: The Changing Role of National Parliaments in National Budgetary Matters in Light of the Increasing Centralisation of Fiscal Policy in the EMU

Chapter 7: The Rise of Regulators

Chapter 8: Constitutional Conventions and the UK Human Rights Act: From Parliamentary Sovereignty Towards the Separation of Powers?

Part III: Executive Power

Chapter 9: EU Administrative Soft Law and the Separation of Powers

Chapter 10: Making a Virtue of Necessity: The Role of Discretion in Administrative Implementation

Chapter 11: Legitimising Transnational Decision-Making in the EU State Aid Regime

Part IV: Judicial Power

Chapter 12: Enhancing the Legitimacy of the European Court of Human Rights: Emphasising the Margin of Appreciation Is Not the Way to Go

Chapter 13: Separation of Powers and the Limits to the Constitutionalisation of Fundamental Rights Adjudication by the ECtHR and the CJEU

Chapter 14: 'Make it a Better Place': Transnational Public Interest Litigation and the Separation of Powers

Epilogue

Chapter 15: Separation of Powers - a Short Manual for the Perplexed

References

Case Law

About the Authors

Index.

Notes:

Includes bibliographical references and index.

Title from publisher's bibliographic system (viewed on 23 Nov 2022).

ISBN:

94-006-0251-0

OCLC:

966836739