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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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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

(p.199) 9 Dynamic Separation of Powers
Where Our Protection Lies

Dimitrios Kyritsis

Oxford University Press

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

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