The three branches : A comparative model of separation of powers

Cover; Title Page; Copyright Page; Acknowledgments; Contents; List of Abbreviations; The Problem; Institutional Blindness of Political Theory-Lack of Theory in Constitutional Law; The Model: Organization and Legitimacy; State of the Discussion; Claims and Methods: For a New Conceptualism in Comparative Constitutional Law; Introduction Constitutional Theory and Political Philosophy; I. The Traditional Division of Powers: A Comparative Sketch; II. The Separation of Powers-Functions and Meanings of a Concept; III. Some Interim Conclusions; Chapter 1 Division of Powers: Traditions and Meanings

I. Self-determination as the Basic Concept of LegitimacyII. Self-determination Through Law; III. The Three Powers: A Model from Legitimacy; IV. Is There a Normative Hierarchy Among the Branches? The Rule of Continuous Concretization; V. Some Conclusions; Chapter 2 Self-determination as the Source of Separated Powers; I. Parliament and Government; II. Constitutional Review; III. Limits of Judicial Control of the Administration; IV. Conclusion; Chapter 3 Problems of Separated Powers in the Constitutional State; I. Introduction: The Internationalization of Law, an Analysis from Legitimacy

II. The Internationalized Constitutional StateIII. European Integration; IV. International Law; Chapter 4 Separation of Powers Beyond the State; Informality; Governance; Constitutionalization; The Diffusion of Accountability; Freedom, Regime, and Fourth Power; Outlook Governance-Constitutionalization-Fourth Branches?; Bibliography; Index; Footnotes

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops an original account of the principle and its implications for modern national and transnational public bodies