Christoph Moellers's Books

The Three Branches

A Comparative Model of Separation of Powers

By: Christoph Moellers

Write a review Read reviews Take a Quiz Solve Book Puzzle

The Three Branches

A Comparative Model of Separation of Powers

By: Christoph Moellers

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

1142

Publisher

OUP Oxford

Published Date

ISBN 10

0191651613

ISBN 13

9780191651618

The Possibility of Norms

By: Christoph Möllers

Write a review Read reviews Take a Quiz Solve Book Puzzle

The Possibility of Norms

By: Christoph Möllers

What defines the social practices we currently call norms? They make theft forbidden, eating with a fork advisable, and paintings beautiful. Norms are commonly thought of as moral justifications for doing one thing and not doing another. They are also described in terms of their outcomes or effects, serving as mere causal explanations. The Possibility of Norms proposes a broader view of how norms function, how they are articulated, and how they are realized. It may be asking too much if we expect norms to be effective or morally right. Many norms are simply ineffective and many are at most ineffectively justifiable. Drawing upon a rich array of texts - from law and jurisprudence to philosophy, aesthetics, and the social sciences - Möllers argues for conceiving of social norms as positively marked possibilities. Positively marking a possibility indicates that it should be realized. Normativity thus hinges on judging the world from a distance and acknowledging the possibility of divergent states of the world. Hence, it is no longer theoretically problematic that there are morally unjustified norms, nor that norms can be broken. On the contrary, allowing for breaches may be an important feature of normativity. Möllers's conceptual study sheds new light on a range of paradigms in the humanities, social sciences, and cultural studies, reframing several aspects of norm theory and questioning the theoretical assumptions underlying existing empirical work on normativity.

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

534

Publisher

Oxford University Press

Published Date

ISBN 10

0192596039

ISBN 13

9780192596031

The Three Branches

A Comparative Model of Separation of Powers

By: Christoph Moellers

Write a review Read reviews Take a Quiz Solve Book Puzzle

The Three Branches

A Comparative Model of Separation of Powers

By: Christoph Moellers

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

275

Publisher

OUP Oxford

Published Date

ISBN 10

0191651605

ISBN 13

9780191651601

Book's by Christoph Moellers

The Three Branches

The Three Branches

The Possibility of Norms

The Possibility of Norms

The Three Branches

The Three Branches

Username

Password

Username

Password

Password again

Birthday

Email