The Powers That Be
The Powers That Be
Rethinking the Separation of Powers
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Hans-Martien ten Napel, Joost Luiten and Wim Voermans
Part I: Separation of Powers in a Transnational Era
Chapter 1: The Separation of Powers and Constitutional Scholarship
Maarten Stremler
Chapter 2: Separation of Powers beyond the State: The ‘inconveniences of [a]bsolute power’
Aoife O’Donoghue
Chapter 3: The Agony of Political Constitutionalism within the European Legal Space
Patricia Popelier
Chapter 4: Accountability and the New Separation of Powers
Joseph Corkin
Chapter 5: Trias Europea: Notes on Möllers Three Branches
Tom Eijsbouts
Part II: Legislative Power
Chapter 6: The Changing Role of National Parliaments in National Budgetary Matters in Light of the Increasing Centralisation of Fiscal Policy in the EMU
Michal Diamant
Chapter 7: The Rise of Regulators
Wim Voermans
Chapter 8: Constitutional Conventions and the UK Human Rights Act: From Parliamentary Sovereignty Towards the Separation of Powers?
Gert Jan Geertjes & Luc Verhey
Part III: Executive Power
Chapter 9: EU Administrative Soft Law and the Separation of Powers
Claartje van Dam
Chapter 10: Making a Virtue of Necessity: The Role of Discretion in Administrative Implementation
Josephine Hartmann
Chapter 11: Legitimising Transnational Decision-Making in the EU State Aid Regime
Paul Adriaanse
Part IV: Judicial Power
Chapter 12: Enhancing the Legitimacy of the European Court of Human Rights: Emphasising the Margin of Appreciation Is Not the Way to Go
Titia Loenen
Chapter 13: Separation of Powers and the Limits to the Constitutionalisation of Fundamental Rights Adjudication by the ECtHR and the CJEU
Ingrid Leijten
Chapter 14: ‘Make it a Better Place’: Transnational Public Interest Litigation and the Separation of Powers
Jerfi Uzman & Geerten Boogaard
Chapter 15: Separation of Powers – a Short Manual for the Perplexed
Christoph Möllers
Case Law
About the Authors

Hans Martien ten Napel, Wim Voermans (eds)

The Powers That Be

Rethinking the Separation of Powers

Both democratic legitimacy and the separation of powers as concepts have very much evolved alongside the state and over the last decades the state has been giving up ground to other power holders, particularly international (and even supranational) actors. This brings up the question of whether the combination of these concepts is still viable outside a traditional state context, and if so, in what form? This is the central question the current volume seeks to answer. In 2013 Christoph Möllers published his impressive monograph, The Three Branches; A Comparative Model of Separation of Powers. This inspirational book led to the idea to pitch it against both the agenda of us as researchers of the Institute of Public Law at Leiden Law School (resulting from a 2012 conference) and our own insights, as well as that of fellow travellers in the field.
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Hans Martien ten Napel

Hans-Martien ten Napel is an Associate Professor of Constitutional and Administrative Law at Leiden University. In 2014 he was awarded a Research Fellowship in Legal Studies at the Center of Theological Inquiry (CTI) in Princeton, which enabled him to be in full-time residence at CTI for the academic year 2014-2015.

Wim Voermans

Wim Voermans is a Full Professor of Constitutional and Administrative Law at Leiden University. He is the acting President of the International Association for Legislation. Voermans’ current research focuses on Dutch and European constitutional law, with a particular interest in the Dutch and European legislature.