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Where Our Protection LiesSeparation of Powers and Constitutional Review$
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Dimitrios Kyritsis

Print publication date: 2017

Print ISBN-13: 9780199672257

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780199672257.001.0001

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A Moral Map of Constitutional Polyphony

A Moral Map of Constitutional Polyphony

(p.33) 2 A Moral Map of Constitutional Polyphony
Where Our Protection Lies

Dimitrios Kyritsis

Oxford University Press

This chapter articulates the conception of separation of powers that underpins the account of constitutional review advanced in this book. Like all constitutional law, separation of powers must be understood as a legitimacy enhancer: political regimes that conform to it make a stronger moral claim to the allegiance of their citizens. Separation of powers achieves this by structuring cooperation among state institutions in accordance with two imperatives—division of labour and checks and balances. The first imperative dictates (a) that government tasks be assigned to those bodies that can carry them out efficiently or in a way that instantiates relevant intrinsic values such as fairness, and (b) that other bodies respect each other’s contribution. The second imperative dictates that mechanisms be put in place for effectively monitoring government power and averting its misuse.

Keywords:   polyphonic legal systems, MJC Vile, separation of powers, division of labour, checks and balances, instrumentalism, James Madison, duty of respect, purposive interrelation

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