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Strong ConstitutionsSocial-Cognitive Origins of the Separation of Powers$
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Maxwell Cameron

Print publication date: 2013

Print ISBN-13: 9780199987443

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199987443.001.0001

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Democracy Without the Separation of Powers?

Democracy Without the Separation of Powers?

(p.165) 7 Democracy Without the Separation of Powers?
Strong Constitutions

Maxwell A. Cameron

Oxford University Press

The chapter reviews the overall argument and makes six further claims. First, the expansion of the administrative state does not justify designating bureaucracy as a fourth power. Second, the separation of powers is not unique to presidentialism because the separate election of legislative and executive bodies is less important than the ways in which the making and application of law are monopolized by separate branches of government. Third, the separation of powers is often violated in delegative democracies with the effect of weakening the rule of law. Fourth, such violations also occur in emergency situations in established democracies, but this does not diminish the importance of the separation of powers. Fifth, international anarchy can undermine the separation of powers in ways that also threaten state power. Sixth, the diffusion of new communication technologies both undermines monopolies of knowledge and contributes to the centralization of power fostered by globalization.

Keywords:   Administrative state, presidentialism, delegative democracy state of exception, anarchy

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