Jump to ContentJump to Main Navigation
Where Our Protection LiesSeparation of Powers and Constitutional Review$
Users without a subscription are not able to see the full content.

Dimitrios Kyritsis

Print publication date: 2017

Print ISBN-13: 9780199672257

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780199672257.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 June 2021

Dynamic Separation of Powers

Dynamic Separation of Powers

Chapter:
(p.199) 9 Dynamic Separation of Powers
Source:
Where Our Protection Lies
Author(s):

Dimitrios Kyritsis

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199672257.003.0009

This book argues that constitutional review is an aspect of the separation of powers. In determining its scope, though, we do not only look to history. We look ahead as well, to the challenges our political order faces now and in the future. These challenges sometimes expose the deficiencies in the extant separation of powers and the need to update it so that it can sustain its legitimacy. Updating the constitution is a matter of a higher-order separation of powers and thus also governed by political morality. Political morality assigns constitutional authorship more liberally than we tend to think. Sometimes, it assigns constitutional authorship to actors and procedures beyond those specified in the amendment provisions of the original constitution, including courts themselves.

Keywords:   description and prescription, original constitution, constitutional amendment, informal amendment, constitutional creativity, law’s future

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .