The Unitary Executive Theory in Comparative Context

This paper examines democratic decline, primarily in Turkey, Hungary, and Poland, in order to shed light on United States separation of powers jurisprudence. It shows that centralization of control over the executive branch undermines the rule of law, tilts the electoral playing field, and shrinks the space of public debate. This experience indicates that the United States Supreme Court should not adopt the unitary executive theory, which maintains that the Constitution should be construed to give the president unilateral control over the executive branch. The unitary executive theory can pave the way to autocracy.