ON THE SEPARATION OF POWERS: LIBERAL AND PROGRESSIVE CONSTITUTIONALISM

In: Social philosophy & policy, Band 29, Heft 2, S. 335-364

Abstract

AbstractOne of the main targets of Progressive constitutional critique was the system of separation of powers. Woodrow Wilson was especially critical of that feature of American constitutionalism. As has been noted by others, Wilson wanted to replace the separation of powers with the conceptual and institutional distinction between politics and administration. Wilson, however, had an extremely truncated and on the whole inaccurate view of the point and intended operation of separation of powers, as an examination of the doctrine in the philosophy of John Locke demonstrates.