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• Title: Is the Separation of Powers Exportable?(Separation of Powers in American Constitutionalism)
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 280 KB

Description

It was a great honor for both Authors to participate in this Symposium together with Professor Juan Linz. (1) Although Professor Linz favors parliamentary government and we both favor presidential separation of powers systems, we agree on one absolutely crucial point. We think it is a disastrous mistake to combine the French semipresidential constitutional system with a proportional representation electoral regime as some countries have unfortunately done. (2) We both think American-style presidential separation of powers regimes are exportable and desirable under some carefully controlled circumstances. Like Professor Linz, we would not recommend such a regime for a country polarized into two hostile religious or ethnic camps. (3) We also would not recommend a presidential separation of powers regime for third-world countries suffering from a history of dictatorship or rule by caudillos or strongmen like Russia. But we do recommend a presidential separation of powers regime for federal polities that have multiple cross-cutting cleavages, a recent history of democratic rule, a majoritarian electoral system, strong member states within the federation, and a need for a more assertive federal foreign policymaking apparatus. We want in this Essay to make the perhaps startling argument that the European Union is such a polity and that it needs a presidential separation of powers system like the one in the United States if it is to become a successful federation rather than merely a confederation. (4) In so arguing, we realize of course that there is no chance at all of such a presidential separation of powers system being adopted. Nonetheless, if we can show that it would be a good thing for the people of the European Union to elect a president directly that would surely be relevant to the question of whether it is ever desirable for a presidential separation of powers system to be exported.

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