Published Works | 115 | 2006

Internal Separation of Powers: Checking Today’s Most Dangerous Branch from Within

The standard conception of separation of powers presumes three branches with equivalent ambitions of maximizing their powers. Today, however, legislative abdication is the reigning modus operandi. Instead of bemoaning this state of affairs, this Essay asks how separation of powers can be reflected within the executive branch when that branch, not the legislature, is making much of the law today.

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