Jump to ContentJump to Main Navigation
The New Separation of PowersA Theory for the Modern State$
Users without a subscription are not able to see the full content.

Eoin Carolan

Print publication date: 2009

Print ISBN-13: 9780199568673

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199568673.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2019

A New Theory of Institutional Separation

A New Theory of Institutional Separation

Chapter:
(p.106) 5 A New Theory of Institutional Separation
Source:
The New Separation of Powers
Author(s):

Eoin Carolan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199568673.003.005

This chapter contains the core outline of the new separation of powers model proposed in the book. It examines the way in which the notion of non-arbitrariness has featured in the courts’ attempts to address the issues raised by administrative discretion. It also considers some of the questions which have been raised by these efforts. It concludes that one of the key difficulties for an institution in this area is seeking to strike the appropriate balance between the interests of the collective and those of the individual. It argues, therefore, that it is these constituent interests, rather than indeterminate ideas of institutional function, which should be the basis for the legitimacy of each institution’s role in governance. In particular, it is suggested that the administration may usefully represent the interests of the individual whose interestswhich are affected by a particular government measure.

Keywords:   administrative discretion, institutional legitimacy, procedural fairness, duality of interests, separation of constituencies

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .