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The Three BranchesA Comparative Model of Separation of Powers$
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Christoph Moellers

Print publication date: 2013

Print ISBN-13: 9780199602117

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199602117.001.0001

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Division of Powers: Traditions and Meanings

Division of Powers: Traditions and Meanings

Chapter:
(p.16) 1 Division of Powers: Traditions and Meanings
Source:
The Three Branches
Author(s):

Christoph Möllers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199602117.003.0002

In constitutional orders that distinguish between executive, legislative, and judicial institutions, institutional threats to the system can emerge from any of the three. In fact, in western legal systems there is a variety of separation of powers concepts, each of which is directed towards just one of these threats. This chapter first looks at four different western constitutional traditions — in France, England, United States, and Germany — that may prove relevant for other constitutional systems outside Europe and the United States. It then addresses the question of whether it is possible and would it make sense to merge these diverse constitutional traditions into a common analytical framework.

Keywords:   constitutional system, executive, legislative, judicial, legal systems, france, england, united states, germany, separation of powers

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