Democracy and the Division of Powers

Studies on Constitutional Theory
Democracy and the Division of Powers / Demokratie und Gewaltengliederung
Studies on Constitutional Theory
Studies on the underlying structures of democracy from one of Germany's foremost legal theorists
The division of powers is typically viewed as a principle that formalises and restricts the existing political rule through law. Christoph Möllers opposes this ultimately pre-democratic viewpoint with a concept that foregrounds the political, democracy-facilitating significance of the division of sovereign rule into three separate powers. Focussing on the central aspect of the democratic organisation of rule, this leads to new insights into the concept of democracy, into the relationship...
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The division of powers is typically viewed as a principle that formalises and restricts the existing political rule through law. Christoph Möllers opposes this ultimately pre-democratic viewpoint with a concept that foregrounds the political, democracy-facilitating significance of the division of sovereign rule into three separate powers. Focussing on the central aspect of the democratic organisation of rule, this leads to new insights into the concept of democracy, into the relationship between law and politics, into the inherent legitimation of legal forms, and into the applicability of the scheme of the division of powers to realms outside of the state.
2025, 400 pages
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Christoph Möllers, born in 1969, teaches Public Law and Legal Philosophy at the Humboldt-University of Berlin. In 2015, he was awarded the Leibniz Prize, the most important research award in Germany.

Christoph Möllers, born in 1969, teaches Public Law and Legal Philosophy at the Humboldt-University of Berlin. In 2015, he was awarded the...


OTHER PUBLICATIONS

Degrees of Freedom
Year of Publication: 2020
Christoph MöllersYear of Publication: 2020

We are familiar with degrees of freedom in the field of mechanics. The term denotes the number of directions into which a rigid body connected to a joint can move. In attempt at modernising liberalism, Christoph Möllers starts neither with the general political climate nor the conflict between the individual and society.


Instead, he tries to dissect the characteristics of an order...

The Possibility of Norms
Year of Publication: 2015
Christoph MöllersYear of Publication: 2015
When we speak about norms we usually think about precepts governing our lives – precepts that tell us what we should do or what we are not allowed to do. Norms, one might be lead to believe,...
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