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The New Separation of Powers: A Theory for the Modern State,New
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The separation of powers is an important principle of liberal constitutionalism. However, the traditional rationale behind institutional separation can no longer govern the distribution of authority in the modern state.This book develops a new model of the separation of powers theory for the administrative state. It argues for the replacement of the traditional theory with a new model which has the potential to both enhance democratic checks and balances and to legitimize the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in which lawyers and administrators have sought to preserve these democratic principles in particular areas. These piecemeal efforts are gathered together into a cohesive account of a radical overarching framework for institutional reform.Drawing on examples from the United Kingdom, Ireland and the U.S.A., the book provides both a descriptive and prescriptive analysis of the ways in which our legal and political notions of institutional separation have so far, and (more importantly) may, in the future, deal with the problems posed by the emergence of quasipublic administrative or regulatory agencies.Far from the traditional view of administrative agencies as a threat to democracy, administrative bodies, in fact, can provide a valuable opportunity for reforming public governance in a way which reinforces the foundational principles of democracy.
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This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.
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- Q: What is the main theme of 'The New Separation of Powers: A Theory for the Modern State'? A: The book focuses on developing a new model of the separation of powers theory tailored for the modern administrative state, addressing how traditional principles no longer adequately govern authority distribution.
- Q: Who is the author of this book? A: The author is Eoin Carolan.
- Q: When was 'The New Separation of Powers' published? A: The book was published on December 13, 2009.
- Q: How many pages does the book have? A: The book contains 320 pages.
- Q: What type of binding does this book have? A: This book is available in hardcover binding.
- Q: What are the key arguments presented in the book? A: The book argues for a replacement of traditional separation of powers theories with a new model that enhances democratic checks and balances while legitimizing administrative and regulatory bodies.
- Q: Does this book include examples from specific countries? A: Yes, it includes examples from the United Kingdom, Ireland, and the United States.
- Q: What is the condition of the book? A: The book is in new condition.
- Q: Is there an edition information available for this book? A: Yes, this book is the first edition.
- Q: What topics are covered in the book's analysis? A: The book provides both descriptive and prescriptive analysis on legal and political notions of institutional separation and how they can address issues posed by quasi-public administrative agencies.