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Academic

: Legal Theory Blog

Albert on Separation of Powers in Parliamentary Systems

By Lawrence Solum

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Richard Albert (Boston College Law School) has posted Presidential Values in Parliamentary Democracies (International Journal of Constitutional Law, Vol. 8, No. 2, 2010) on SSRN. Here is the abstract:
    Constitutional theory has long regarded the separation of powers as unique to presidential systems and incompatible with parliamentary ones. In this Article, I suggest that the core values of the separation of powers are achievable in both presidential and parliamentary systems, contrary to the conventional wisdom which insists that the separation of powers is the exclusive province of presidentialism. This conclusion ? that parliamentary and presidential systems are comparably receptive to the practical and philosophical strictures of the separation of powers ? unlocks interesting possibilities for rethinking constitutional structure anew.
Recommended!

Full post as published by Legal Theory Blog on March 29, 2010 (boomark / email).

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