Separation of Powers and the Class Action

The New Separation of Powers

The Vertical Separation of Powers

Standard understandings of the separation of powers begin with the concept of function. Professor Nourse argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the Article returns to proposals considered at the Constitutional Convention and considers diffic...

Separation of Powers and Turnout

Presidential Inaction and the Separation of Powers

The Separation of Powers and Representative Government

C urrent controversies over presidential power suggest. that significant separation of powers depends on the existence of some effective counterweight to the executive ruler, which in turn presupposes a disposition to restrain the ruler that does not come from the ruler himself. One might conclude that schemes for separation of powers grow out of either a fundamental opposition to ruling or at ...