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The Political Form of the Constitution: The Separation of Powers, Rights and Representative Democracy

Political Studies, Vol. 44, pp. 436-456, 1996

21 Pages Posted: 5 Jan 2010 Last revised: 12 Jan 2010

Richard Bellamy

University College London - Department of Political Science; European University Institute

Date Written: January 4, 2010

Abstract

According to article 16 of the French Declaration of the Rights of Man and of the Citizen of 1789, 'A society where rights are not secured or the separation of powers established has no constitution at all'. Together with representative government, which to a large extent was assimilated to the second, these two principles have defined constitutionalism. In recent years. however, the first has come to predominate. This article suggests an alternative story. I shall argue that both historically and substantively liberal rights-based constitutionalism must be located within a more republican conception of the constitution as a system of politics.’ I begin by analysing the main features and problems of the doctrine of the separation of powers, and its relationship to rights and the rule of law. I then survey the historical development of the theory. I note how it was first combined with organic theories of mixed government and the balancing of powers within the body politic, and then transformed by the view of political societies as a popular construct and incorporated within representative democracy.

Keywords: constitutions, rights, separation of powers, republicanism

Suggested Citation

Bellamy, Richard, The Political Form of the Constitution: The Separation of Powers, Rights and Representative Democracy (January 4, 2010). Political Studies, Vol. 44, pp. 436-456, 1996 . Available at SSRN: https://ssrn.com/abstract=1531367

Richard Bellamy (Contact Author)

University College London - Department of Political Science ( email )

Gower Street
London
United Kingdom
020 7679 4980 (Phone)
020 7679 4969 (Fax)

HOME PAGE: http://www.ucl.ac.uk/political-science/people/academic/richard-bellamy

European University Institute ( email )

Via dei Roccettini, 9
San Domenico di Fiesole (FI), Tuscany 50014
Italy

HOME PAGE: http://www.eui.eu/ProgrammesAndFellowships/MaxWeberProgramme/People/RichardBellamywebpage.aspx

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