The Separation of Powers. Prologue in the 18th century: from Montesquieu to Madison
The Missing Montesquieu. History and Fetishism in the New Separation of Powers Formalism
This Article uses the absence of Montesquieu from American Supreme Court decisions to highlight some problems with American separation of powers law. Recently, the Court has embraced a neoformalist approach, allegedly justified by the Constitution’s “original meaning.” Yet the … [Read more...]
The separation of powers and the administrative branch in the European Union
The interpretation of the principle of separation of powers in the EU has assumed specific character through the principle of institutional balance. The Court of justice (CJEU) has been playing a leading role in the assessment and oversight of the principle. This paper aims to … [Read more...]
Following in the footsteps of Ginsburg & Versteeg. The bound executive during the pandemic: Italy as a case study.
The paper compares the findings of a recent comparative law study (Tom Ginsburg and Mila Versteeg, The bound executive: Emergency powers during the pandemic, in I•CON 19, no. 5 (2021), 1498–1535) about the impact of the pandemic on the guarantees available under constitutional … [Read more...]
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