New challenges to the separation of powers : dividing power / edited by Antonia Baraggia (Assistant Professor of Comparative Public Law, Department of Italian and Supranational Public Law, University of Milan), Cristina Fasone (Assistant Professor of Comparative Public Law, Department of Political Science, LUISS Guido Carli), and Luca Pietro Vanoni (Associate Professor of Comparative Law, Department of Italian and Supranational Public Law, University of Milan, Italy).
2020
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Title
New challenges to the separation of powers : dividing power / edited by Antonia Baraggia (Assistant Professor of Comparative Public Law, Department of Italian and Supranational Public Law, University of Milan), Cristina Fasone (Assistant Professor of Comparative Public Law, Department of Political Science, LUISS Guido Carli), and Luca Pietro Vanoni (Associate Professor of Comparative Law, Department of Italian and Supranational Public Law, University of Milan, Italy).
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2020.
Description
1 online resource (272 pages)
Formatted Contents Note
Contents: 1 Introduction / Vincenzo Zeno-Zencovich
PART I THE THEORETICAL CHALLENGES TO THE CLASSICAL SEPARATION OF POWERS DOCTRINE
2 Introduction to Part I / Andrea Pin
3 Revitalising the social foundations of the separation of powers? / Eoin Carolan
4 Direct democracy and the separation of powers / Zoltán Pozsár-Szentmiklósy
5 New challenges to the separation of powers: the role of constitutional courts / Luca Pietro Vanoni
6 The rise of conditionality within the global administrative space: a challenge for the separation of powers / Antonia Baraggia
PART II TRANSFORMATIONS OF THE SEPARATION OF POWERS IN NATIONAL CONTEXT
7 Introduction to Part II / Francesco Clementi
8 The separation of powers in new constitutions / Francois Venter
9 Unpacking the separation of powers / Jiří Baroš, Pavel Dufek and David Kosař
10 The transformation of political parties and the guardians of the Constitution: the evolution of the power structure in the Italian system / Stefania Leone and Irene Pellizzone
PART III THE SEPARATION OF POWERS UNDER PRESSURE
11 Introduction to Part III / Arianna Vedaschi
12 "The symbolic jurisprudence": Theorizing constitutional (re)capture, testing the limits of separation of powers and reimagining the judicial review / Tomasz Tadeusz Koncewicz
13 EU "strict conditionality" from the perspective of the separation of powers / Ioannis A. Tassopoulos
14 North Africa and the Middle East after the Arab uprisings: a new separation of powers? / Francesco Biagi
15 Conclusion / Miryam Iacometti
Index.
PART I THE THEORETICAL CHALLENGES TO THE CLASSICAL SEPARATION OF POWERS DOCTRINE
2 Introduction to Part I / Andrea Pin
3 Revitalising the social foundations of the separation of powers? / Eoin Carolan
4 Direct democracy and the separation of powers / Zoltán Pozsár-Szentmiklósy
5 New challenges to the separation of powers: the role of constitutional courts / Luca Pietro Vanoni
6 The rise of conditionality within the global administrative space: a challenge for the separation of powers / Antonia Baraggia
PART II TRANSFORMATIONS OF THE SEPARATION OF POWERS IN NATIONAL CONTEXT
7 Introduction to Part II / Francesco Clementi
8 The separation of powers in new constitutions / Francois Venter
9 Unpacking the separation of powers / Jiří Baroš, Pavel Dufek and David Kosař
10 The transformation of political parties and the guardians of the Constitution: the evolution of the power structure in the Italian system / Stefania Leone and Irene Pellizzone
PART III THE SEPARATION OF POWERS UNDER PRESSURE
11 Introduction to Part III / Arianna Vedaschi
12 "The symbolic jurisprudence": Theorizing constitutional (re)capture, testing the limits of separation of powers and reimagining the judicial review / Tomasz Tadeusz Koncewicz
13 EU "strict conditionality" from the perspective of the separation of powers / Ioannis A. Tassopoulos
14 North Africa and the Middle East after the Arab uprisings: a new separation of powers? / Francesco Biagi
15 Conclusion / Miryam Iacometti
Index.
Summary
"This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781788975278 (e-book)
Record Appears in