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Journal articles on the topic 'Separation of powers'

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Published: 4 June 2021
Last updated: 30 July 2024

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1

Cooper, Samuel W. "Considering "Power" in Separation of Powers." Stanford Law Review 46, no. 2 (January 1994): 361. http://dx.doi.org/10.2307/1229187.

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2

Davey, Stephen. "Separation of powers." Nature Chemistry 6, no. 4 (March 21, 2014): 270–71. http://dx.doi.org/10.1038/nchem.1913.

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3

Ruzanov, Ilia Vladislavovich. "Independence of the Judiciary in the Modern Understanding of the Separation of Powers." Russian Journal of Legal Studies 6, no. 1 (December 15, 2019): 89–97. http://dx.doi.org/10.17816/rjls18474.

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The independence of judicial power is researched from the natural law viewpoint. It is shown that the principle of separation of powers is not static, it is changing under the inf luence of time.The sharp increase of executive branch of power’s role marks the contemporary stage of social-political development. It is shown that such a situation is inevitable. However, the problem is that executive branch fulfills both rulemaking function and law-enforcement one. It causes the risks of abuse of power, which scared the creators of separation of powers principle.In this light the constitutional law faces the aim to reveal legal and political tools which can provide the very essence of separations of powers - to avoid the complete concentration of power in one center. The two innovations which can help to solve this problem are suggested in the article.One of them is to broad the types of direct popular sovereignty. It is demonstrated, based on American experience that notice and comment requirement can restrain the arbitrariness of executive branch and therefore to be a bulwark against usurpation.The nature of judicial power activity also changes. It must turn from formal control over the executive power to theanalysis of the essence of its decisions.
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4

Kosař, David, Jiří Baroš, and Pavel Dufek. "The Twin Challenges to Separation of Powers in Central Europe: Technocratic Governance and Populism." European Constitutional Law Review 15, no. 3 (September 2019): 427–61. http://dx.doi.org/10.1017/s1574019619000336.

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Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the 2010s – Re-politicising of the public sphere, removing most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought
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5

Rossum, Ralph A. "Separation of Powers and the Legislative Power." Teaching Political Science 14, no. 1 (October 1986): 17–22. http://dx.doi.org/10.1080/00922013.1986.9942409.

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6

Krent, Harold J. "Separating the Strands in Separation of Powers Controversies." Virginia Law Review 74, no. 7 (October 1988): 1253. http://dx.doi.org/10.2307/1073273.

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7

Penovic, Tania. "The Separation of Powers." Alternative Law Journal 29, no. 5 (October 2004): 222–26. http://dx.doi.org/10.1177/1037969x0402900503.

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8

Burns, Arnold I., and Stephen J. Markman. "Understanding Separation of Powers." Pace Law Review 7, no. 3 (April 1, 1987): 575. http://dx.doi.org/10.58948/2331-3528.1519.

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9

Sarip, Sarip, and Nur Rahman. "SEPARATION OF POWER: BERPISAH UNTUK BERTEMU." Jurnal De Jure Muhammadiyah Cirebon 4, no. 2 (December 10, 2020): 15–30. http://dx.doi.org/10.32534/djmc.v4i2.3172.

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Theorists struggle to determine the nature of the separation of power. There are many objections to the tripartite separation (three powers) of the state in the form of the legislature, executive and judiciary by referring to Montesquieu in his Spirit of the Laws for the history of political theory originating in the French state. The separation of powers is a vital feature of western democracies, enshrined in various federal and state constitutions. As a broad principle, theorists struggle to determine its precise nature, and many argue that the tripartite separation of state power into legislative, executive and judicial branches has proved simple and impossible. I think we should understand the separation of powers as a strategy used to structure the relationship between separate institutions. This structuring process empowers the creation of new relationships between institutions, with the aim of enhancing their institutional integrity. In short, we split up just to reconnect. These strategies direct attention to inter-agency relationships highlighting the contribution of these relationships to keeping institutional integrity together. Keywords: Separation of powers, Institutions, Authority, Meeting each other.
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10

Šinkūnas, Haroldas, and Dovilė Pūraitė-Andrikienė. "The Principle of Separation of Powers: the Case of Lithuania." Review of Central and East European Law 48, no. 2 (August 7, 2023): 166–93. http://dx.doi.org/10.1163/15730352-bja10080.

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Abstract The principle of separation of powers is one of the most important constitutional principles underlying the organization of public power. In interpreting this principle, the Lithuanian Constitutional Court has defined it is a fundamental principle of the organization and functioning of a democratic state governed by the rule of law, which requires not only separation of the branches of government but also ensuring a balance between them. The constitutional rule stating that ‘in Lithuania, State power is executed by the Seimas, the President of the Republic and the Government, and the Judiciary’ is the starting point for revealing the content of the principle of separation of powers enshrined in the Constitution. This article discusses the exercise of legislative, executive and judicial powers by the public authorities specified in the Constitution and presents some cases of violation of the constitutional principle of separation of powers that have been examined by the Lithuanian Constitutional Court. These issues are analyzed in the context of challenges to the principle of separation of powers in other Central and Eastern European countries.
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11

Zvesper, Jhon. "The Separation of Powers in American Politics: Why We Fail to Accentuate the Positive." Government and Opposition 34, no. 1 (January 1999): 3–23. http://dx.doi.org/10.1111/j.1477-7053.1999.tb00468.x.

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ONE OF THE FIRST THINGS THAT STUDENTS OF POLITICS IN THE USA learn is that the central organizing principle of the Constitution and of the political system is the separation of powers. Yet most students begin with – and few are encouraged to go beyond – a very one-sided view of that principle. For the most part, they are taught about the protective, controlling purposes rather than about the constructive, empowering purposes of the practice of separating governmental powers. They are always taught to appreciate power separation as a means of avoiding certain evils, but they are rarely taught to appreciate it as a means of attaining certain goods.
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12

Magill, M. Elizabeth. "The Real Separation in Separation of Powers Law." Virginia Law Review 86, no. 6 (September 2000): 1127. http://dx.doi.org/10.2307/1073943.

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13

Gadhave, Asmita Subhash. "A Comparative Study on separation of power in India, UK and USA Constitution." International Scientific Journal of Engineering and Management 03, no. 03 (March 23, 2024): 1–9. http://dx.doi.org/10.55041/isjem01405.

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India has its written Constitution, it is said to be lengthy. It is a Holy text to the Citizens of India. The Constitution entails Fundamental Rights and Fundamental Duties in Part III and Part IV respectively. The Constitution has recognized the separation of powers as part of it. 'Separation of Powers' is a basic principle where powers and responsibilities are divided among the executive, legislative and judicial branches. The study takes a multidimensional approach, taking into account institutional, political, historical, and legal aspects. The author attempted to analyze the doctrine of Separation of Powers as envisaged under the Constitution of India and also the author would like to demonstrate the difficulties faced by the three wings of the government in practice while implementing the provisions of the Constitution. The author also draws a comparative analysis with the Indian, US (the United States of America), UK (United Kingdom) Constitutions regarding the scheme of Separation of Powers Key words: Separation of power, Executive; Legislative; Judiciary; Constitution of India
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14

Bagratyan, Bagrat. "The Principle of Separation of Powers in Political Science." WISDOM 1, no. 6 (July 1, 2016): 108. http://dx.doi.org/10.24234/wisdom.v1i6.70.

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The twentieth century doctrine considers separation of powers as a mechanism of constitutional technique that must be present in Political Science. In order to achieve this particular sense of separation of powers, this doctrine is based on the principles of specialization and independence. Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances and establishment of democratic society.
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15

Waldron, Jeremy. "Separation of powers in thought and practice?" Revista de Direito Administrativo 279, no. 3 (December 29, 2020): 17–53. http://dx.doi.org/10.12660/rda.v279.2020.82914.

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The rationale of the separation of powers is often elided with the rationale of checks and balances and with the rationale of the dispersal of power generally in a constitutional system. This Essay, however, focuses resolutely on the functional separation of powers in what M.J.C. Vile called its “pure form.” Reexamining the theories of Locke, Montesquieu, and Madison, this Essay seeks to recover (amidst all their tautologies and evasions) a genuine case in favor of this principle. The Essay argues that the rationale of the separation of powers is closely related to that of the rule of law: it is partly a matter of the distinct integrity of each of the separated institutions— judiciary, legislature, and administration. But above all, it is a matter of articulated governance (as contrasted with compressed undifferentiated exercises of power).
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16

Nourse, Victoria. "The Vertical Separation of Powers." Duke Law Journal 49, no. 3 (December 1999): 749. http://dx.doi.org/10.2307/1373085.

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17

Patapan, Haig. "Separation of Powers in Australia." Australian Journal of Political Science 34, no. 3 (November 1999): 391–407. http://dx.doi.org/10.1080/10361149950308.

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18

Ackerman, Bruce. "The New Separation of Powers." Harvard Law Review 113, no. 3 (January 2000): 633. http://dx.doi.org/10.2307/1342286.

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19

Lakin, Stuart. "Legality as Separation of Powers." Jurisprudence 8, no. 3 (September 2, 2017): 653–59. http://dx.doi.org/10.1080/20403313.2017.1385298.

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20

Laffont, Jean-Jacques, and Mathieu Meleu. "Separation of powers and development." Journal of Development Economics 64, no. 1 (February 2001): 129–45. http://dx.doi.org/10.1016/s0304-3878(00)00127-9.

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21

Abubakar, Yusuf Sani, Sulaiman Dorloh, and Rajali Haji Aji. "Concept of the Separation of Powers: A Look from the Shariah Point of View." International Journal of Scientific Research and Management (IJSRM) 12, no. 01 (January 30, 2024): 447–54. http://dx.doi.org/10.18535/ijsrm/v12i01.lla01.

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The separation of powers is the division of the government of a state into different branches, each with its own independent powers. The purpose of a system of separation of powers is to prevent the concentration of power by providing checks and balances. This paper aims to investigate this concept from the Shariah point of view. To achieve this, the research adopts a qualitative research methodology. It is found that the principle of the separation of powers in Islamic Shariah was not clearly present at the time of the Prophet (S.A.W), as he held all three powers. After the Prophet's (S.A.W) death, the principle became clearer in the era of the caliphate, especially in the era of Caliph Omar ibn al-Khattab, who separated the judicial authority from the other state powers. However, the books of Islamic history are full of examples showing that the judges throughout the territory of the Islamic caliphate worked without interference from the rulers, even the rulers themselves were appointed by the judges and appeared before the courts. From such examples, the idea of the separation of powers has been derived.
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22

Magill, M. Elizabeth. "Beyond Powers and Branches in Separation of Powers Law." University of Pennsylvania Law Review 150, no. 2 (December 2001): 603. http://dx.doi.org/10.2307/3312973.

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23

Ahmad Abdullah. "Declassifying Theory of Separation of Powers and its Inherent System of Checks and Balances: A Comparative Study." Zakariya Journal of Social Science 2, no. 1 (June 30, 2023): 31–41. http://dx.doi.org/10.59075/zjss.v2i1.231.

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The main objective of this article is inspection of the development of the concept of separation of powers to highlight that the powers must not accumulate in one hand and they should be divided among the three main pillars of the state i.e., Executive, Legislature and Judiciary. If the powers accumulate and concentrate in one hand, then the chances of abuse or misuse of power increases which can be dangerous not only for the citizens but also for the integrity of the state. The major purpose of the principal of separation of powers is the betterment of mutual relation among the three branches so that the democracy remains intact and no institution should perform the functions of the other. This article provides in-depth critical analysis of doctrine of separation of powers. It critically inspects its application in America and compares it with other jurisdictions to provide a comparative study
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24

Грабенвартер, Кристоф, and Kristof Grabenvarter. "SEPARATION OF POWERS AND THE INDEPENDENCE OF CONSTITUTIONAL COURTS." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17101.

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The presented article is devoted to one of the essentially and vitally important problems of an each country state power system maintaining, which is obviously influencing the sovereignity strengthening and making the legal constitutional basis of a state more durable and stable. The author considers the various aspects of the proportionality, which is to be provided in the state powers separation principle realization, dividing them into three traditional branches on one hand, and at the same time in the promoting constitutional courts real independence in every state on the other hand. The author tries to observe the appearance and further development of two methods which might be effected in reaching these goals. From his point of view the first method should be focused on further perfecting the division of labour in the state power system, which is to promote the actual independence of constitutional courts as the integral component of one of the state power system branches and which is provided with the separation of powers principle. The other method is to make the judicial constitutional justice administration more effective and qualified, which will help to implement the proper preconditions for firm incorporation the separation of powers principle into the every days life of society and state. The author also underlines and pays everyone’s attention to the mutual interdependency and intercommunication which are existing between the above mentioned state aims of priority and the results of fulfilling them. As for the author’s own scientific and practical elaborations of the facilities and instruments which might be used in the field of the legal statehood foundations strengthening is concerned, he suggests arranging the international cooperation of the constitutional courts of the states and setting up professional links between them, starting up the state system of “constitutional culture” educational courses for the population and implementing the unified international unanimous ethical standards for estimating the features of the persons intending to become constitutional judges.
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25

Yesimov, S. S. "Judicial power in implementing the principle of separation of powers in the budget process of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 81 (April 8, 2024): 120–26. http://dx.doi.org/10.24144/2307-3322.2024.81.2.19.

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The article examines the role of the judiciary in implementing the principle of separation of powers in the budget process of Ukraine in the context of current legislation. The object of the study is a set of social relations that are formed in the field of consolidation and implementation of the constitutional principle of separation of powers in the activities of local state authorities in the budget process. The subject of the study is constitutional and legal norms and norms of budget legislation. The methodological basis was made up of general scientific and special-legal (formal-legal, comparative-legal, systemic and other) methods of cognition. It is noted that the constitutional principle of the separation of powers in the budget process is an interpectoral normative requirement for the activities of representative and local executive bodies, which independently and in cooperation with each other in certain forms and procedures participate in the budget process. In this, judicial authorities are called upon to guarantee, within their competence, the distribution of budgetary powers between representative and local executive bodies. The relationship between the representative and executive bodies of state power in the budget process is shown, which determines the need for systematic support for the implementation of the constitutional principle of separation of powers in the budget process through the formation of the construction of the mechanism for such support. The design of the mechanism for ensuring the implementation of the constitutional principle of separation of powers in the budget process has three interrelated elements: an organizational and legal element; institutional element; procedural element. Representative bodies and local executive bodies determine consistent implementation of the constitutional principle of separation of powers in the budget process carried out by local authorities. It is indicated that the judicial authorities in the implementation of the constitutional principle of separation of powers in the budget process guarantee and ensure the implementation of this principle in the form of: resolution of legal disputes; judicial control in the field of budgetary relations; independent assessment of law enforcement decisions of local authorities – participants in the budget process.
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26

Amirudin, Dede, Christian Christian, Samsudin Nurseha, and Abdul Musyfiq Al-aytami. "Power and Law in The Context of Separation of Powers: A Qualitative Study of The Relationship Between The Executive and The Judiciary." International Journal of Social Service and Research 4, no. 02 (February 25, 2024): 682–89. http://dx.doi.org/10.46799/ijssr.v4i02.737.

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This study aims to delve deeper into the relationship between the executive and the judiciary in the context of separation of powers. Through a qualitative study approach, this study will analyze the dynamics of power and the role of law in influencing the interaction between the two branches of government. The research will involve in-depth interviews with legal practitioners, judges, executive officers, and other relevant stakeholders to gather in-depth qualitative data. Data analysis will be carried out by taking into account theoretical perspectives and concepts related to separation of powers, political power, judicial independence, and the role of law in the government system. The results of this study conclude that a better understanding of the dynamics of power and law in the relationship between the executive and the judiciary provides valuable insights for policymakers and law enforcers in strengthening the separation of powers and improving equitable governance systems.
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27

Posner, Eric A. "Presidential Leadership & the Separation of Powers." Daedalus 145, no. 3 (July 2016): 35–43. http://dx.doi.org/10.1162/daed_a_00395.

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The presidents who routinely are judged the greatest leaders are also the most heavily criticized by legal scholars. The reason is that the greatest presidents succeeded by overcoming the barriers erected by Madison's system of separation of powers, but the legal mind sees such actions as breaches of constitutional norms that presidents are supposed to uphold. With the erosion of Madisonian checks and balances, what stops presidents from abusing their powers? The answer lies in the complex nature of presidential leadership. The president is simultaneously leader of the country, a party, and the executive branch. The conflicts between these leadership roles put heavy constraints on his power.
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28

Goncharov, Vitaly Viktorovich, Iurii S. Shpinev, Diana I. Stepanova, Oleg N. Malinovsky, Sergey A. Balashenko, and Jacek Zalesny. "Separation of powers as a principle of organization and activities of executive authorities in the Russian Federation." LAPLAGE EM REVISTA 7, no. 2 (May 10, 2021): 510–18. http://dx.doi.org/10.24115/s2446-6220202172819p.510-518.

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This article is devoted to constitutional analysis of the most important principle of organization and activity of executive authorities in the Russian Federation - separation of powers. The authors developed and justified the concept of an expanded understanding of the principle of separation of powers, with its reduction not only to the functional separation of state power between various levels of government (including within the executive branch), but with the development of a mechanism of checks and balances and the need to change the constitutional balance of priorities of the branches of government.
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29

Bəxtiyar qızı Cəmilova, Könül. "İCRA HAKİMİYYƏTİ ORQANLARININ AKTLARI." SCIENTIFIC WORK 53, no. 04 (February 28, 2020): 57–59. http://dx.doi.org/10.36719/aem/2007-2020/53/57-59.

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30

Buda Dhuli, Brikena. "Organization of the Albanian Judicial System." Interdisciplinary Journal of Research and Development 8, no. 1 (July 15, 2021): 10. http://dx.doi.org/10.56345/ijrdv8n102.

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All the countries of the former communist bloc, after the fall of totalitarian regimes in the early 1990s, established new governments oriented towards democratic reforms, following the model of countries with high standard democracies, which put the focus on the individual and his freedoms and rights. A distinctive feature of these new democracies in relation to their socio-political tradition was the drafting of liberal constitutions in which state power is distributed among different institutions to achieve a separation of powers, where a functional component of any government is the separation of the judiciary by the executive. The Constitution of the Republic of Albania clearly reflects the intention of the people for the construction of the rule of law, ie a state where the rule of law shall prevail and where everyone is equal before the law. The Constitution, based on the state-building philosophy, accepts the principle of separation of powers . By sanctioning this principle in the given Constitution, the powers in the Republic of Albania are separated and exercised by different state bodies in such a way that no power can exceed its competencies, without being subject to control and counteraction by other powers. Based on the principle of separation of powers, the judicial function is exercised only by the courts. This is the reason why the exercise of judicial function by other powers shall be prohibited, since it violates the independence of the judiciary. Received: 5 June 2021 / Accepted: 10 July 2021 / Published: 15 July 2021
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31

Alamova, Tatiana. "The principle of separation of powers in a constitutional state from a point of view of political risks." Moldoscopie, no. 3(94) (February 2022): 53–64. http://dx.doi.org/10.52388/1812-2566.2021.3(94).05.

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This article is dedicated to the review of political risks, its impact on the rule of law and the theory of separation of power. The article provides a definition of the concept of political risk. It reviews the influence of political risks on the theory of separation of power; how risks can affect one or another branch of government and which consequences they entail; what political risks can lead to, when influencing on human and civil rights within a state. The article provides an overview of the development of political and legal thoughts of different philosophers who influenced to the development of the theory of separation of power and to the risks that are associated with it. In conclusion, the article underlines that political risks play an important part in the practical implementation of the theory of separation of power in a constitutional state. The article discusses the relationship between the three branches of power: legislative, executive and judicial; that constantly strive to control each other, in order to avoid the creation of political risks. In the conclusion, the author makes an overview of the nature of political risks on the development of the rule of law and the principle of separation of powers; whether the political risks are a catalyst for the development of a legal basis for political relations, and for the rule of law. The fundamental doctrines are also mentioned, which fact emphasizes not only individual freedoms and human and citizenship rights, but also the establishment of a constitutional procedure for the separation of powers. The author touches upon the issue of the legislative system, which directly relates to the separation of powers.
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32

Potter, Rachel Augustine, and Charles R. Shipan. "Agency rulemaking in a separation of powers system." Journal of Public Policy 39, no. 1 (November 10, 2017): 89–113. http://dx.doi.org/10.1017/s0143814x17000216.

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AbstractRulemaking gives agencies significant power to change public policy, but agencies do not exercise this power in a vacuum. The separation of powers system practically guarantees that, at times, agencies will be pushed and pulled in different directions by Congress and the president. We argue that these forces critically affect the volume of rules produced by an agency. We develop an account of agency rulemaking in light of these factors and test our hypotheses on a data set of agency rules from 1995 to 2007. Our results show that even after accounting for factors specific to each agency, agencies do, in fact, adjust the quantity of rules they produce in response to separation of powers oversight. Further analysis shows that the president’s influence is limited to those agencies that he has made a priority.
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33

Forteza, Alvaro, and Juan S. Pereyra. "Separation of powers with ideological parties." Journal of Theoretical Politics 33, no. 3 (May 24, 2021): 333–82. http://dx.doi.org/10.1177/09516298211017236.

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Separation of powers with checks and balances (SP) is usually regarded as a key institution complementing elections in the control of elected officials. However, some analysts and many politicians also warn that excessive checks on the executive in the presence of polarization may lead to political inaction. We analyze the interaction between elections and SP, and study under what circumstances they complement each other. We first introduce a political agency model with ideological parties where citizens and politicians care about rents (a valence issue) and policy (a positional issue). Then, we analyze the impact of SP on the effectiveness of elections to discipline and select politicians. We demonstrate that SP unambiguously raises a majority of voters’ welfare in highly polarized non-competitive political environments, because it strengthens both discipline and selection without causing political gridlock. SP also raises voters’ welfare if elections are very effective at disciplining first period incumbents. Nevertheless, SP may reduce voters’ welfare if most rents go undetected and reform is not a first-order issue.
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34

Choi, Sun. "Separation of Powers and Judicial Independence." Korean Journal of Law and Society 60 (April 30, 2019): 67–95. http://dx.doi.org/10.33446/kjls.60.3.

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35

Chung, Sung-Bum, and Yun-Chul Baek. "The Separation of Powers in France." Han Yang Law Review 31, no. 4 (November 30, 2020): 203–26. http://dx.doi.org/10.35227/hylr.2020.11.31.4.203.

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36

Huq, Aziz Z. "A tactical separation of powers doctrine." Constitutional Court Review 9, no. 1 (December 2019): 19–44. http://dx.doi.org/10.2989/ccr.2019.0002.

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37

McMillan, John. "Re-Thinking the Separation of Powers." Federal Law Review 38, no. 3 (September 2010): 423–43. http://dx.doi.org/10.22145/flr.38.3.7.

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38

Kamali, Mohammad Hashim. "Separation of Powers: An Islamic Perspective." ICR Journal 5, no. 4 (October 15, 2014): 471–88. http://dx.doi.org/10.52282/icr.v5i4.370.

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This article explores the principle of separation of powers and its proper constitutional role in regulating relations among the various organs of state in an Islamic polity. It will be noted at the outset that the Muslim polity has undergone shifting paradigms - from the Righteous Caliphate of the early decades of the advent of Islam, to the ensuing hereditary/dynastic caliphate, to western nation state, and now to a fresh demand for an Islamic state (dawla Islamiyya) as I explain in the following paragraphs. With the spread, under European influence, of the western nation state in much of the post-colonial Muslim world, both the Shari’ah and ulama lost their preeminence. Massive dislocations in their legal and political orders brought the Muslims face to face with a host of uncertainties as to what role, if any, their own legacy could play under the new constitutional arrangement of western origin.
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39

Kamali, Mohammad Hashim. "Separation of Powers : An Islamic Perspective." Islam and Civilisational Renewal 5, no. 4 (October 2014): 471–88. http://dx.doi.org/10.12816/0009879.

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40

Ginnane, Tara. "Separation of Powers: Legitimacy, Not Liberty." Polity 53, no. 1 (January 1, 2021): 132–59. http://dx.doi.org/10.1086/712170.

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41

Prakash, Saikrishna Bangalore. "Zivotofsky and the Separation of Powers." Supreme Court Review 2015, no. 1 (January 2016): 1–39. http://dx.doi.org/10.1086/686264.

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42

Waldron, J. "Bicameralism and the Separation of Powers." Current Legal Problems 65, no. 1 (January 1, 2012): 31–57. http://dx.doi.org/10.1093/clp/cus021.

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43

Persson, T., G. Roland, and G. Tabellini. "Separation of Powers and Political Accountability." Quarterly Journal of Economics 112, no. 4 (November 1, 1997): 1163–202. http://dx.doi.org/10.1162/003355300555457.

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44

Nixon, D. C. "Separation of Powers and Appointee Ideology." Journal of Law, Economics, and Organization 20, no. 2 (October 1, 2004): 438–57. http://dx.doi.org/10.1093/jleo/ewh041.

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45

Barber, N. W. "Prelude to the Separation of Powers." Cambridge Law Journal 60, no. 1 (March 2001): 59–88. http://dx.doi.org/10.1017/s0008197301000629.

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THIS article examines the doctrine of separation of powers, and attempts to defend the validity of a diversity of different conceptions of the doctrine. It also links separation of powers to efficiency, arguing that at the core of every manifestation of the doctrine is the efficient allocation of function to form. The structure of the courts and legislature are examined, and it is argued that that a link can be drawn between these institutions and the legislative and judicial task. The relationship between political theory and constitutional theory is also discussed.
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46

Gibbs, Sir Harry. "The Separation of Powers — A Comparison." Federal Law Review 17, no. 3 (September 1987): 151–61. http://dx.doi.org/10.1177/0067205x8701700302.

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47

Wise, Charles R., and Trevor L. Brown. "The separation of powers in Ukraine." Communist and Post-Communist Studies 32, no. 1 (December 15, 1998): 23–44. http://dx.doi.org/10.1016/s0967-067x(98)00020-8.

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This paper examines the passage of a new constitution in Ukraine in order to determine which factors contribute to the establishment of a stable separation of powers system at the national level. We focus on three types of factors: legacies of the past; the structure of institutions at key time periods; and the nature of dynamics between political groups. We find that while all of these factors play some role in the evolving institutional arrangements in Ukraine, negative legacies of the past can be overcome by the decisions of new political groups and the creation of new institutional arrangements.
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48

Skach, C. "The "newest" separation of powers: Semipresidentialism." International Journal of Constitutional Law 5, no. 1 (January 1, 2007): 93–121. http://dx.doi.org/10.1093/icon/mol025.

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49

McMillan, John. "Re-Thinking the Separation of Powers." Federal Law Review 38, no. 3 (September 2010): 423–43. http://dx.doi.org/10.1177/0067205x1003800308.

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50

Masterman, R. "Juridification, Sovereignty and Separation of Powers." Parliamentary Affairs 62, no. 3 (June 8, 2009): 499–502. http://dx.doi.org/10.1093/pa/gsp014.

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