Administrative / Constitutional Law Law

Rethinking the Separation of Powers: Democratic Resilience in Troubled Times

By Frank Vibert
Edward Elgar Publishing August 2024

Specifications

ISBN-13
9781035315796
Publisher
Edward Elgar Publishing
Publication
August 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Exploring the evolution and resilience of systems for the separation of powers, this prescient book rethinks how different architectures can defend democracies against adverse shocks and help them adapt to change. Frank Vibert cuts across many fields of study to address the central problem in modern government of how to balance the reasoning of experts with that of electoral politics.

Beginning from the original separation of powers between the legislative, executive and judicial branches of government, Vibert explores modern alternatives to this system. In particular, he discusses consociationalism, based on the need for political consensus for major decisions, as well as rights-based approaches. Looking to the future, he identifies important areas for improvement in these systems, such as better defences against corruption and stronger representation for the marginalised as well as the need to address income and wealth differences. Ultimately, he shows that the separation of powers is a learning system that can adapt to the tasks of modern government, especially by combining the reasoning of experts with political strategy without reverting to technocracy.

Rethinking the Separation of Powers is an essential read for students and scholars of political science, law, behavioural science, social psychology and philosophy. Addressing central problems in modern government, it will also be vital for researchers interested in strategies for effective policy-making.

Table of Contents

Preface
Introduction: the architectures for democratic choice
1.
The classic concept: an architecture for learning
2.
What has changed: the contemporary setting for the separation of powers
3.
Alternatives: consociationalism and accommodation
4.
Alternatives: rights-based directional architecture
5.
The separation of powers and the architecture of learning
6.
Challenges: approaches to updating
7.
The separation of powers compared: resilience
8.
The continuing importance of a democratic architecture for learning
References
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