TY - BOOK
T1 - The evolution of the separation of powers
T2 - Between the global north and the global south
AU - Bilchitz, David
AU - Landau, David
N1 - Publisher Copyright:
© The Editors and Contributors Severally 2018.
PY - 2018/5/25
Y1 - 2018/5/25
N2 - To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights - such as socioeconomic and environmental rights - and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
AB - To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights - such as socioeconomic and environmental rights - and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
UR - http://www.scopus.com/inward/record.url?scp=85075968597&partnerID=8YFLogxK
U2 - 10.4337/9781785369773
DO - 10.4337/9781785369773
M3 - Book
AN - SCOPUS:85075968597
SN - 9781785369766
BT - The evolution of the separation of powers
PB - Edward Elgar Publishing Ltd.
ER -