SEPARATION OF POWERS

ABOUT

The tripartite model of separation of powers has been an important building block of modern constitutionalism.

Even though the situation on the ground has always been messier than this slick normative ideal and the political exigencies never held fully to the prescriptions of the tripartite model, there is an emerging consensus that separation of powers is under pressure from a significant number of novel challenges (such as the COVID-19 pandemic), both in consolidated and new democracies. This interest group examines how separation of powers responds to current socio-political forces such as populism or declining public trust in the state.

The group builds on the insights on separation of powers from constitutional theory, theory of the state (Staatslehre) and jurisprudence, but aims to go deeper and study the structure and functioning of separation of powers not only conceptually and normatively, but also empirically. It invites scholars from different disciplines and is particularly keen to integrate insights from democratic theory, political science and sociology into mainstream legal thinking on separation of powers. The group is also interested in how separation of powers has developed in individual countries, responding to various external (such as membership in supranational organizations) as well as internal (such as the rise of populism) developments.

ACTIVITIES

The group has produced the Cambridge Handbook on the Separation of Powers (forthcoming), containing over 50 chapters (many authored by group members).

Convenors

Eoin Carolan
University College Dublin

Michaela Hailbronner
University of Münster

Tarun Khaitan
London School of Economics and Political Science

David Kosař
Masaryk University

Mathieu Leloup
Tilburg University

Sergio Verdugo
IE University

CONTACT

Interested ICON•S members can contact the convenors at icons.sop@gmail.com to receive more information or join the group.

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