The Principle of the Separation of Powers: A Defense

The separation of powers is one of the most cherished principles of constitutional government in the Western tradition. Despite its prestigious status, however, it has always been controversial. It has been attacked for being inadequate to account for institutional realities; for being inapplicable to parliamentary systems; for lacking a convincing normative grounding and even for being harmful, inasmuch as it hampers both the immediate enforcement of popular will and efficient political leadership. Current political crises all over the world, especially the rise of populist democracies and authoritarian regimes, however, make the principle worth a closer, more positive examination. This book takes stock of the criticisms of the principle of separation of powers and attempts to offer a new normative account of it. It argues that the separation of powers cannot be restricted to governmental institutions, agencies and decision-making procedures. Rather, it must be derived from the very basics of government, from the very notions of political order and articulated government and from the distinct though related concepts of social and governmental power and of authority. Once these distinctions are made, institutional separations are easier to be established. Contrary to the classical and most contemporary conceptions of the principle, the present account argues for a relational and negative conception of the separation of powers. The legislative branch in conceived of as the one where political authority, political power and social power are all equally represented. The executive branch is best understood as excluding social power whereas the judicial branch is marked for its opposition to the influence of political power. This conception avoids the pitfalls of essentialism and functionalism and makes the principle applicable in a much wider international context.

Table of Contents:
Introduction Chapter 1: The Principle of the Separation of Powers in Contemporary Political Theory Chapter 2: Separation of Powers Grounded in Values Chapter 3: Order and Articulated Government Chapter 4: Social Power, Political Power, Political Authority Chapter 5: Government and Its Branches Chapter 6: Agencies, Constitutional Courts, Grey Zones, Federalism, State of Exception Conclusion About the Author

About the Author :
Zoltán Balázs is professor of political science at Corvinus University and research fellow of the Hungarian Academy of Sciences.

Review :
This volume is a modern explication of an old doctrine, reflecting a large number of classic and contemporary debates, showing convincingly and with new insights its justification. A seminal book for both political scientists and constitutional lawyers—constitutional theory at its best. Zoltan Balazs has written a very innovative work that makes a significant contribution to how we can best come to terms with the conception of separation of power. He persuasively argues that the conception is more than a great pillar of Western political thought and practice of constitutional systems of government. It is a core element basic to the very design of government and the notion of political order itself broadly understood. This is what makes The Principle of the Separation of Powers stimulating to read. Balazs addresses, and challenges us to rethink, many of the crucial issues in the contemporary world, from the rise of populist democracies to authoritarian regimes. A superb book.