Aileen Kavanagh (Trinity College Dublin) has posted Separation of Powers as Synergy on SSRN. Here is the abstract:
In constitutional theory, the separation of powers has long been viewed as a foundational requirement of constitutional government. But despite widespread agreement on its fundamental value, there has been significant controversy about its underlying purpose and point. For some, the key rationale of the separation of powers is to curb abuse of power and protect liberty. For others, its role is to enhance the efficiency of government. Cutting across the supposed antimony between liberty and efficiency, this paper uncovers the plural purposes of the separation of powers, including efficiency and liberty, specialisation and slowdown, contestation and collaboration, safeguards and synergy, accountability and mutual support. In short, the separation of powers is a multi-value ideal promoting a plurality of normative ends. Furthermore, while traditional accounts have highlighted the negative dimension of the separation of powers as a bulwark against abuse of power, this paper shows how the separation of powers is also a system principle which regulates the relationships between the branches of government so that they can work together constructively as a well-functioning system of governance. Reconceiving the separation of powers in relational and collaborative terms, this paper foregrounds the idea of separation as synergy i.e. the idea of a plurality of state organs sharing power and working together as part of a collaborative constitutional enterprise. On this vision, the shift from autocratic rule to constitutional government is marked by a move from the unmediated simplicity of unitary authority to the constitutional complexity of divided and shared authority.
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