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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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Strong Constitutions - Social-Cognitive Origins of the Separation of Powers (Hardcover)
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Strong Constitutions - Social-Cognitive Origins of the Separation of Powers (Hardcover)
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The separation of powers is an idea with ancient origins, but
nowadays it is often 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. So it is surprising that there
have been few attempts to place the study of the separation of
powers on a social scientific footing. To that end, this book makes
a bold conjecture. It argues that the separation of powers emerged
with the spread of literacy, became a central part of
constitutional thought in the context of the Gutenberg revolution,
and faces unprecedented challenges in our current era of electronic
communication. The separation of powers is linked to
social-cognitive changes associated with evolving media of
communication. The essence of the argument is that 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. The first, and most
familiar to students of political science since Max Weber, is the
power to make decisions backed by legally sanctioned coercion.
Cameron highlights two other forms of power: 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 divided. They are often 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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