Pluralism and Disagreement Separation of powers Jiří Baroš Pluralism and Disagreement 1 Separation of Powers Pluralism and Disagreement 2 § Constitutionalism and SoP § § Four Components of SoP § § § Current Problems of SoP § § Separation of Powers Pluralism and Disagreement 3 § Constitutionalism and SoP § § Four Components of SoP § § § Current Problems of SoP § § Constitutionalism and SoP Pluralism and Disagreement 4 § Rechtstaat Component of CD § § Two Roles of Institutional Arrangements § § § Several Positive Justification of SoP § § Rechtstaat Component Pluralism and Disagreement 5 § Constitutionalism in V4 Countries § § Political Principle of Democracy Changed by the Rechtsstaat Component § SoP and the Mixed Constitution Institutional Arrangements Pluralism and Disagreement 6 § Enabling and Limiting Roles § § Enhancing Democracy through Constitutional Constraints § § to Strenghten Governent to more easily Achieve Public Purposes § § Positive Justification of SoP Pluralism and Disagreement 7 § Möllers: the Self-determination § § Kavanagh: Joint Enterprise of Governing § § § Waldron: Process of Articulated Governance § § Separation of Powers Pluralism and Disagreement 8 § Constitutionalism and SoP § § Four Components of SoP § § § Current Problems of SoP § § Separation of Powers Pluralism and Disagreement 9 § Constitutionalism and SoP § § Four Components of SoP § § § Current Problems of SoP § § Four Components of SoP Pluralism and Disagreement 10 § Separation of institutions § § Separations of functions § § Personal incompatibility § § The Principle of checks and balances Four Components and the Pure Doctrine of SoP Pluralism and Disagreement 11 § Division of the Government into Three Branches § § to Each Branch a Corresponding Function § § Persons Kept Separate and Distinct Separation of Institutions Pluralism and Disagreement 12 § Dispersion of Power (against Concentration) § § for Full-standing Principle of SoP it is not enough § § Powers are not Allocated on a Random Basis § § Threefold Division of Government Separation of Functions Pluralism and Disagreement 13 § Three Necessary Functions: L, E, J § § All Three Branches Exercise All Three Functions to Some Degree § § The Reconstructed View and The Efficiency Requirement Personal Incompatibility Pluralism and Disagreement 14 § Separation of Persons § § The Pure Doctrine: No Overlapping Membership § § It Is Too Demanding: The Third Component as a General Instruction Checks and Balances Pluralism and Disagreement 15 § Pure Doctrine v. Mixed Constitution § § Checks Are Positive (Direct Control Over The Branches) § § Difficulty to Embrace The Separationist Logic of Three Components with the Fourth One. Separation of Powers Pluralism and Disagreement 16 § Constitutionalism and SoP § § Four Components of SoP § § § Current Problems of SoP § § Separation of Powers Pluralism and Disagreement 17 § Constitutionalism and SoP § § Four Components of SoP § § § Current Problems of SoP § § Current Problems of SoP Pluralism and Disagreement 18 § Parliament and Government § § Constitutional Review § § Limits of Judicial Control of the Administration Sources Pluralism and Disagreement 19 § Carolan, E., The New Separation of Powers § Hardin, R., Liberalism, Constitutionalism, and Democracy § Holmes, S., Passions and Constraint § Möllers, Ch., The Three Branches § Rosanvallon, P., Democratic Legitimacy § Vibert, F., The New Regulatory Space § Vibert, F., The Rise of the Unelected § Vile, M.J.C., Constitutionalism and the Separation of Powers § Waldron, J., Political Political Theory