Is the Separation of Powers Dead?
This is a debate on the question of whether or not the separation of powers is dead. Fried argues that it is. He blames its… read more
This is a debate on the question of whether or not the separation of powers is dead. Fried argues that it is. He blames its demise upon the “consensus” type of law practiced in the Garcia case which meant that no legal principles were clearly expressed. Bator, on the other hand, argues that the separation of powers is not dead. However, he does feel that the system as practiced today is less a matter of separation and more a mixture of powers. close
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