The Separation of Powers and Constitutional Scholarship
H.M.T.D. ten Napel & W.J.M. Voermans (eds.), The Powers That Be: Rethinking the Separation of Powers (Leiden: Leiden University Press 2016), p. 35-46.
Posted: 18 Aug 2017 Last revised: 8 Jun 2021
Date Written: August 15, 2017
Abstract
This chapter discusses methodological approaches to the separation of powers. It argues that constitutional scholarship needs to move beyond strictly positive and strictly normative approaches. The chapter proceeds on two levels. On the first level, it reviews "The Three Branches" by Christoph Möllers (Oxford University Press 2013). On the second level, it sketches the contours of an approach to the separation of powers, and to constitutions more generally, that takes into account their social and political context.
Keywords: Separation of powers, constitutional scholarship, Christoph Möllers
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