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Conference Paper: Separation of powers and deliberative democracy

TitleSeparation of powers and deliberative democracy
Authors
Issue Date2016
Citation
The 2016 Deliberative Constitutionalism Conference, McGill University, Montreal, Canada, 7-8 April 2016. How to Cite?
AbstractSeparation of powers is not a fixed concept. Instead it is better viewed as a “continuum” that embraces a wide range of systems of governance including those, such as a parliamentary system, which are sometimes dismissed as outside the ambit of the doctrine. So instead of asking whether separating governmental powers per se encourages deliberation, it is more helpful to consider which form of separation of governmental powers is most conducive to encouraging such deliberation. That question necessitates considering the effect of the differences between these various systems of separation of powers upon the deliberative process, including the effect upon deliberation between different branches of government, particularly the executive and legislature. After an overview of the most significant of these differences, particularly in relation to the overlapping membership of the executive and legislature and role and status of political parties, and a case study of the effects of the presidential-like system practised in Hong Kong, this paper concludes that a presidential system poses relatively greater obstacles to deliberative democracy.
Persistent Identifierhttp://hdl.handle.net/10722/235325

 

DC FieldValueLanguage
dc.contributor.authorGittings, DJ-
dc.date.accessioned2016-10-14T13:52:35Z-
dc.date.available2016-10-14T13:52:35Z-
dc.date.issued2016-
dc.identifier.citationThe 2016 Deliberative Constitutionalism Conference, McGill University, Montreal, Canada, 7-8 April 2016.-
dc.identifier.urihttp://hdl.handle.net/10722/235325-
dc.description.abstractSeparation of powers is not a fixed concept. Instead it is better viewed as a “continuum” that embraces a wide range of systems of governance including those, such as a parliamentary system, which are sometimes dismissed as outside the ambit of the doctrine. So instead of asking whether separating governmental powers per se encourages deliberation, it is more helpful to consider which form of separation of governmental powers is most conducive to encouraging such deliberation. That question necessitates considering the effect of the differences between these various systems of separation of powers upon the deliberative process, including the effect upon deliberation between different branches of government, particularly the executive and legislature. After an overview of the most significant of these differences, particularly in relation to the overlapping membership of the executive and legislature and role and status of political parties, and a case study of the effects of the presidential-like system practised in Hong Kong, this paper concludes that a presidential system poses relatively greater obstacles to deliberative democracy.-
dc.languageeng-
dc.relation.ispartofDeliberative Constitutionalism Conference-
dc.titleSeparation of powers and deliberative democracy-
dc.typeConference_Paper-
dc.identifier.hkuros269736-

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