Journals Higher Education



Published: 24 February 2021

352 Pages


ISBN: 9780198821984

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Bookseller Code (AJ)

A Theory of the Executive Branch

Tension and Legality

Margit Cohn

  • Explores the executive branch and executive powers in Western democracies in a comparative perspective and contends that they have been handling a virtually impossible task
  • Offers a distinct model of the executive branch based on a general argument from political philosophy and constitutional theory which prioritizes dispersal of power and recognizes the existence of internal tensions under which games of power are played
  • Argues that the tension between dominance and submission is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of the substantive limitation of power
  • Provides detailed analysis of the ways law enables executives to formally act under the law without being substantively limited by it

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