The Evolution of the Separation of Powers: Between the Global North and the Global South
ISBN-13:
9781785369766
ISBN-10:
1785369768
Author:
David Bilchitz;David Landau
Publication date:
2018
Publisher:
Edward Elgar Pub
Format:
Hardcover
288 pages
Category:
General
,
Constitutional Law
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Book details
ISBN-13:
9781785369766
ISBN-10:
1785369768
Author:
David Bilchitz;David Landau
Publication date:
2018
Publisher:
Edward Elgar Pub
Format:
Hardcover
288 pages
Category:
General
,
Constitutional Law
Summary
The Evolution of the Separation of Powers: Between the Global North and the Global South (ISBN-13: 9781785369766 and ISBN-10: 1785369768), written by authors
David Bilchitz;David Landau, was published by Edward Elgar Pub in 2018.
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Description
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? New constitutions often include newer forms of rights - such as socio-economic and environmental rights - and are written with an explicitly transformative purpose. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. By engaging widespread comparative experiences from Malawi, to Colombia, Mexico to South Africa, Hungary to the United States of America, this examination of the doctrine of the separation of powers takes into account important recent changes in constitutional design and practice, including the wide-spread inclusion of socio-economic rights, the creation of independent bodies outside the traditional structure, the growth of executive power, and the crisis of legislative legitimacy. It also considers the extent to which this re-framing should be confined to the emerging democracies of the global south or whether it can be applied more widely across all constitutional systems. This comprehensive study will be of interest to academics conducting research in comparative constitutional law, students of comparative constitutional law, and constitutional and political theorists as well as constitutional judges and designers.Contributors include: D. Bilchitz, D. Bonilla, V. Jackson, R.E. Kapindu, D. Landau, F. Mohamed, J.M. Serna de la Garza, R. Uitz
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