Full Description
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.
Contents
Contents:
1 Introduction 1
Vincenzo Zeno-Zencovich
PART I THE THEORETICAL CHALLENGES TO THE
CLASSICAL SEPARATION OF POWERS DOCTRINE
2 Introduction to Part I 7
Andrea Pin
3 Revitalising the social foundations of the separation of powers? 10
Eoin Carolan
4 Direct democracy and the separation of powers 30
Zoltán Pozsár-Szentmiklósy
5 New challenges to the separation of powers: the role of
constitutional courts 45
Luca Pietro Vanoni
6 The rise of conditionality within the global administrative
space: a challenge for the separation of powers 77
Antonia Baraggia
PART II TRANSFORMATIONS OF THE SEPARATION
OF POWERS IN NATIONAL CONTEXT
7 Introduction to Part II 101
Francesco Clementi
8 The separation of powers in new constitutions 104
Francois Venter
9 Unpacking the separation of powers 123
Jiří Baroš, Pavel Dufek and David Kosař
10 The transformation of political parties and the guardians of
the Constitution: the evolution of the power structure in the
Italian system 143
Stefania Leone and Irene Pellizzone
PART III THE SEPARATION OF POWERS UNDER PRESSURE
11 Introduction to Part III 165
Arianna Vedaschi
12 "The symbolic jurisprudence": Theorizing constitutional
(re)capture, testing the limits of separation of powers and
reimagining the judicial review 179
Tomasz Tadeusz Koncewicz
13 EU "strict conditionality" from the perspective of the
separation of powers 202
Ioannis A. Tassopoulos
14 North Africa and the Middle East after the Arab uprisings:
a new separation of powers? 223
Francesco Biagi
15 Conclusion 243
Miryam Iacometti
Index 252
