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The New Separation of Powers – A Theory for the Modern State - Oxford Scholarship Online
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The New Separation of Powers: A Theory for the Modern State

Eoin Carolan


This book develops a new model of the separation of powers theory for the administrative state. The traditional tripartite separation of powers theory does not reflect the way in which modern government actually works. Accordingly this book argues for the replacement of the traditional theory with a new model which has the potential both to enhance democratic checks and balances and to legitimize the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, t ... More

Keywords: separation of powers, administrative state, administrative discretion, accountability, legitimate governance

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199568673
Published to Oxford Scholarship Online: February 2010 DOI:10.1093/acprof:oso/9780199568673.001.0001


Affiliations are at time of print publication.

Eoin Carolan, author
Lecturer in Constitutional and Administrative Law, University College Dublin