Division of Powers: Traditions and Meanings
Division of Powers: Traditions and Meanings
In constitutional orders that distinguish between executive, legislative, and judicial institutions, institutional threats to the system can emerge from any of the three. In fact, in western legal systems there is a variety of separation of powers concepts, each of which is directed towards just one of these threats. This chapter first looks at four different western constitutional traditions — in France, England, United States, and Germany — that may prove relevant for other constitutional systems outside Europe and the United States. It then addresses the question of whether it is possible and would it make sense to merge these diverse constitutional traditions into a common analytical framework.
Keywords: constitutional system, executive, legislative, judicial, legal systems, france, england, united states, germany, separation of powers
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