It is well established that the separation of powers is an essential structuring principle of the contemporary states, yet the importance of collaboration between powers has received significantly less attention in the literature. Whereas the separation of powers is necessary to limit the abuse of power, collaboration between powers is equally important because this increases the efficiency of the state. As such, separation of powers is a necessary but not sufficient condition for branches of contemporary states to achieve collective and democratic action. Indeed, collaboration of powers is a principle that is present in the constitutions of all contemporary states, whether explicitly stated or not. Intuitively, separation and collaboration are in conflict, but my article argues that constitutions can concurrently serve as instruments that limit, constrain and control political power and that coordinate and empower collective and democratic action.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels