2014
DOI: 10.1108/s1529-209620140000012005
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Dividing To Conquer: Using The Separation Of Powers To Structure Institutional Inter-relations

Abstract: The separation of powers constitutes a vital feature of western democracies, enshrined in myriad federal and state constitutions. Yet, as a broad principle, theorists struggle to pin down its precise nature, and many contend that the tripartite separation of state powers into legislative, executive and judicial branches proves simplistic and infeasible. I argue we should understand the separation of powers as a strategy used to structure relations between the separated institutions. This process of structuring… Show more

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Cited by 3 publications
(3 citation statements)
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“…The network's primary goal is the promotion of integrity; combating its opposite (corruption) remains a secondary and derivative, though necessary, element (Sampford, Smith, & Brown, 2005). This attention to structuring external relations to achieve institutional integrity resurrects insights dating all the way back to ideas on the separation of powers, balance of powers, and checks and balances, arising in the work of Machiavelli, Locke, Montesquieu and other early modern political theorists (Breakey, 2014a;Rahe, 2011;Sullivan, 2006;Vile, 1998;Zuckert, 2012).…”
Section: Context-integrity For Institutionsmentioning
confidence: 99%
“…The network's primary goal is the promotion of integrity; combating its opposite (corruption) remains a secondary and derivative, though necessary, element (Sampford, Smith, & Brown, 2005). This attention to structuring external relations to achieve institutional integrity resurrects insights dating all the way back to ideas on the separation of powers, balance of powers, and checks and balances, arising in the work of Machiavelli, Locke, Montesquieu and other early modern political theorists (Breakey, 2014a;Rahe, 2011;Sullivan, 2006;Vile, 1998;Zuckert, 2012).…”
Section: Context-integrity For Institutionsmentioning
confidence: 99%
“…Rather than focusing on issues of distributive justice, political theorists of the time directed their energies towards designing a system to avoid rapacious theft (as well as the religious violence and authoritarianism). See (Breakey, 2014a;Vile, 1998) 16 This is a contested question. Since Locke considered need-based rights as well as freedom-based rights (Waldron, 2005), his natural rights might share much in common with the Declaration's entitlements.…”
Section: Conclusion: a Deep Conceptual Linkmentioning
confidence: 99%
“…One of the key reasons for separating governmental powers between legislative, judicial and executive institutions (including police) is to make political persecution more difficult (Breakey, 2014). The separation requires coordination across different institutions and groups in order for political repression to occur-for example, a ruling faction in government arresting opposition figures.…”
Section: Problems Impel Institutionsmentioning
confidence: 99%