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Supreme Court As Superweapon: A Response To Epps & Sitaraman, Stephen E. Sachs
Supreme Court As Superweapon: A Response To Epps & Sitaraman, Stephen E. Sachs
Faculty Scholarship
Is the Supreme Court's legitimacy in crisis? Daniel Epps and Ganesh Sitaraman argue that it is. In their Feature, How to Save the Supreme Court, they suggest legally radical reforms to restore a politically moderate Court. Unfortunately, their proposals might destroy the Court's legitimacy in order to save it. And their case that there is any crisis may fail to persuade a reader with different legal or political priors. If the Supreme Court needs saving, it will be saving from itself, and from too broad a conception of its own legal omnipotence. A Court that seems unbound by legal principle …
Separation Of Powers In Comparative Perspective: How Much Protection For The Rule Of Law?, Peter L. Strauss
Separation Of Powers In Comparative Perspective: How Much Protection For The Rule Of Law?, Peter L. Strauss
Faculty Scholarship
This chapter discusses the separation of powers. The point about traditions, or shared social norms, is a central one for this chapter. At a time of growing pessimism about the fate of democracy worldwide, adherence to norms of political behaviour may have an importance transcending formal provisions for the allocation of governmental power. As such, this chapter first presents a brief account of ‘separation of powers’ under American presidentialism; then the contrasting system of Westminster parliamentarianism; third, the increasingly prevalent mixed regimes, often semi-presidential, that can be described as ‘constrained parliamentarism’; and, finally, international institutions. As the chapter shows, in …