Details
- Provides a new and challenging account of contemporary governance which better explains many of the characteristics of modern democracy for experts and non-experts alike
- Clear and readable style that encourages understanding of the book's arguments and ideas by all
- Provides examples for lawyers, administrators and public officials to illustrate how the new model of separation of powers would operate in practice
- Demonstrates how the model may operate in different constitutional systems through use of comparative materials
The separation of powers is an important principle of liberal constitutionalism. However, the traditional rationale behind institutional separation can no longer govern the distribution of authority in the modern state.
This book develops a new model of the separation of powers theory for the administrative state. It argues for the replacement of the traditional theory with a new model which has the potential to both enhance democratic checks and balances and to legitimise the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in which lawyers and administrators have sought to preserve these democratic principles in particular areas. These piecemeal efforts are gathered together into a cohesive account of a radical overarching framework for institutional reform.
Drawing on examples from the United Kingdom, Ireland and the U.S.A., the book provides both a descriptive and prescriptive analysis of the ways in which our legal and political notions of institutional separation have so far, and (more importantly) may, in the future, deal with the problems posed by the emergence of quasi-public administrative or regulatory agencies.
Far from the traditional view of administrative agencies as a threat to democracy, administrative bodies, in fact, can provide a valuable opportunity for reforming public governance in a way which reinforces the foundational principles of democracy.
Readership: Legal academics/researchers, public policymakers, people with an interest in politics and governance.
1: The Role of Institutional Theory in a Constitutional System
2: The Tripartite Separation of Powers Theory
3: Institutional Legitimacy and the Administrative State
4: The Search for Institutional Legitimacy
5: A New Theory of Institutional Separation
6: Institutional Legitimacy and Administrative Practice
7: The Relationship between the Administration and the Other Branches
8: From Exception to Orthodoxy? The Theory in Action
9: Conclusions: A Republican Theory of Institutional Separation?
Eoin Carolan, Lecturer in Constitutional and Administrative Law, University College Dublin
Eoin Carolan is a practising barrister and a lecturer in law at University College Dublin. He previously lectured Constitutional Law at Trinity College Dublin and was a Visiting Researcher at Harvard Law School.
"Carolan's diagnosis of the disease is compelling, and his prescription for a remedy is intriguing. Furthermore, he has accomplished the rarest of feats, a book that deals deeply and seriously with the intricacies of both Irish and English Law in a way that is accessible - and more importantly, relevant - to all" - Tom Flynn, University of Edinburgh, The Modern Law Review
"In The New Separation of Powers Eoin Carolan provides a contemporary interpretation of one of the most venerable principles of constitutionalism: the separation of powers...Carolan engages with a wide range of different sources, drawing upon law, political theory, and institutional design with care and skill. Indeed, the broad approach adopted by Carolan, with its implicit insistence that writers on constitutional topics must look beyond the traditional boundaries of their discipline, is one of the most impressive features of the book; and indication, perhaps, of the direction of constitutional scholarship...Carolan has written a valuable book, and has made a lasting contribution to the discipline." - N.W Barber, Trinity College, Oxford, Public Law Journal
