Reconceptualising separation of powers

  • Peter Cane
Keywords: Constitutional law, Separation of powers, Judicial independence, Judicial process, United Kingdom, Unites States

Abstract

Professor Peter Cane (Australian National University College of Law) traces the development of the modern concept of separation of powers in the English and the US legal and governmental systems. He argues that the concept no longer provides a helpful approach for analysing governmental systems and constitutional designs and proposes a new conceptual framework more suited to describing and explaining differences between systems of government such as “parliamentarism” and “presidentialism”.

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