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Strong Constitutions - Social-Cognitive Origins of the Separation of Powers (Paperback)
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Strong Constitutions - Social-Cognitive Origins of the Separation of Powers (Paperback)
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The separation of powers is an idea with ancient origins, but
nowadays it is largely relegated to legal doctrine, public
philosophy, or the history of ideas. Yet the concept is often
evoked in debates on the 'war' on terrorism, the use of emergency
powers, or constitutional reform. Strong Constitutions boldly
places the separation of powers on a social scientific footing,
arguing that it emerged with the spread of literacy, became central
to constitutional thought after the Gutenberg revolution, and faces
unprecedented challenges in our current era of electronic
communication. Constitutional states use texts to coordinate
collective action, and they do so by creating governmental agencies
with specific jurisdiction and competence over distinct types of
power. Among them are the power to make decisions backed by legally
sanctioned coercion; the deliberative power to make procedurally
legitimate laws; and the judicial power to interpret and apply laws
in particular circumstances. The division of government into three
such branches enables state officials and citizens to use written
texts-legal codes and documents, including constitutions-along with
unwritten rules and conventions to coordinate their activities on
larger scales and over longer time horizons. Cameron argues that
constitutional states are not weaker because their powers are
separated. They are generally stronger because they solve
collective action problems rooted in speech and communication. The
book is a must read for anyone interested in the separation of
powers, its origin, evolution, and consequences.
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