
Contents
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1 Separation(s) of Power(s) and Tireless Balancing 1 Separation(s) of Power(s) and Tireless Balancing
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2 From Contingencies to Constitutional Chicanery 2 From Contingencies to Constitutional Chicanery
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2.1 Transformations of dependence 2.1 Transformations of dependence
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2.2 Dilemmas of creation and termination 2.2 Dilemmas of creation and termination
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2.2.1 Shifts in parliamentary systems 2.2.1 Shifts in parliamentary systems
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2.2.2 Adding a popularly elected president to a parliamentary system 2.2.2 Adding a popularly elected president to a parliamentary system
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2.2.3 The difference between parliamentary and presidential regimes revisited 2.2.3 The difference between parliamentary and presidential regimes revisited
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2.3 Personal and Structural Dependencies and Incompatibilities 2.3 Personal and Structural Dependencies and Incompatibilities
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2.3.1 Incompatibility 2.3.1 Incompatibility
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2.3.2 Appointment and structure 2.3.2 Appointment and structure
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2.3.3 Cooperation and control 2.3.3 Cooperation and control
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2.3.3.1 Legislative initiative 2.3.3.1 Legislative initiative
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2.3.3.2 Executive veto of legislation 2.3.3.2 Executive veto of legislation
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2.3.3.3 Execution of legislation 2.3.3.3 Execution of legislation
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2.3.3.4 Legislative oversight of the executive 2.3.3.4 Legislative oversight of the executive
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3 The Judiciary as a Branch of Power 3 The Judiciary as a Branch of Power
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4 The Triumph of the Executive 4 The Triumph of the Executive
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5 Keeping Safe (?) Distance: Independent Agencies 5 Keeping Safe (?) Distance: Independent Agencies
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6 Outsourcing Public Powers: The Problem with Private Interests 6 Outsourcing Public Powers: The Problem with Private Interests
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7 Separation of Powers as a Means to Preserve Freedom 7 Separation of Powers as a Means to Preserve Freedom
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4 Dangerous Liaisons: Separation of Powers and Checks and Balances
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Published:October 2017
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Abstract
This chapter examines the idea of separating distinct governmental functions into at least three branches (horizontal separation) as a means to safeguard individual liberty. The three branches of government have different functions: the legislature legislates, the executive branch executes the laws, and the judiciary administers justice. This corresponds to the functional distribution of essential governmental tasks and competences. The chapter explores how governments based on separated (or at least divided) powers work, in a perpetual balancing exercise as a result of the operation of checks and balances. Finally, it discusses independent agencies that are now routinely added to the old constitutional mix of powers and the problem of outsourcing public powers to private actors.
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