UID:
almafu_9961652672402883
Format:
1 online resource (384 p.)
ISBN:
9789400602519
Content:
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, The Three Branches; A Comparative Model of Separation of Powers. 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.
Note:
Frontmatter --
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Table of Contents --
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Introduction --
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Part I Separation of Powers in a Transnational Era --
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Chapter 1 The Separation of Powers and Constitutional Scholarship --
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Chapter 2 Separation of Powers beyond the State: The ‘inconveniences of [a]bsolute power’ --
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Chapter 3 The Agony of Political Constitutionalism within the European Legal Space --
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Chapter 4 Accountability and the New Separation of Powers --
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Chapter 5 Trias Europea: Notes on Möllers Three Branches --
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Part II Legislative Power --
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Chapter 6 The Changing Role of National Parliaments in National Budgetary Matters in Light of the Increasing Centralisation of Fiscal Policy in the EMU --
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Chapter 7 The Rise of Regulators --
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Chapter 8 Constitutional Conventions and the UK Human Rights Act : From Parliamentary Sovereignty Towards the Separation of Powers ? --
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Part III Executive Power --
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Chapter 9 EU Administrative Soft Law and the Separation of Powers --
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Chapter 10 Making a Virtue of Necessity: The Role of Discretion in Administrative Implementation --
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Chapter 11 Legitimising Transnational Decision- Making in the EU State Aid Regime --
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Part IV Judicial Power --
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Chapter 12 Enhancing the Legitimacy of the European Court of Human Rights : Emphasising the Margin of Appreciation Is Not the Way to Go --
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Chapter 13 Separation of Powers and the Limits to the Constitutionalisation of Fundamental Rights Adjudication by the ECtHR and the CJEU --
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Chapter 14 ‘Make it a Better Place’: Transnational Public Interest Litigation and the Separation of Powers --
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Epilogue --
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Chapter 15 Separation of Powers – a Short Manual for the Perplexed --
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References --
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Case Law --
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About the Authors --
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Index
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In English.
Language:
English
URL:
https://www.degruyter.com/isbn/9789400602519
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