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Normative conflict: Delegation contra power separation

Nilsson, Henrik LU (2024) STVK02 20241
Department of Political Science
Abstract
Executive aggrandizement is the incremental and intentional dismantling of constitutional checks and balances on executive power. One particular manifestation of this phenomenon, studied within political science for more than 100 years, is the lawful expropriation by executives of the theoretically exclusive lawmaking power of legislatures, an aggrandizement in conflict with the prescriptions of Montesquieu’s tripartite separation of powers theory. The purpose of this investigation is to answer (1) whether there is a normative conflict between
delegation and power separation, and (2) how delegation of theoretically exclusive legislative competencies can be justified. These questions are answered through, firstly, conducting a conceptual... (More)
Executive aggrandizement is the incremental and intentional dismantling of constitutional checks and balances on executive power. One particular manifestation of this phenomenon, studied within political science for more than 100 years, is the lawful expropriation by executives of the theoretically exclusive lawmaking power of legislatures, an aggrandizement in conflict with the prescriptions of Montesquieu’s tripartite separation of powers theory. The purpose of this investigation is to answer (1) whether there is a normative conflict between
delegation and power separation, and (2) how delegation of theoretically exclusive legislative competencies can be justified. These questions are answered through, firstly, conducting a conceptual content analysis, by which values concerning delegation and power separation are identified and compared; and, secondly, by entering relevant values concerning delegation into normative logics to construct justifications of legislative delegation. From the results obtained in this investigation, it is concluded that (i) there is a normative conflict between delegation and power separation, and that (ii) legislative delegation can be justified given the values efficiency, discretion, and power sharing. (Less)
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author
Nilsson, Henrik LU
supervisor
organization
course
STVK02 20241
year
type
M2 - Bachelor Degree
subject
keywords
Delegation, Separation of powers, Executive aggrandizement, Delegated decree authority, Konstitutionella fullmaktslagar, Normative analysis, The Treaty of Lisbon, EU
language
English
id
9171619
date added to LUP
2024-10-01 11:13:03
date last changed
2024-10-01 11:13:03
@misc{9171619,
  abstract     = {{Executive aggrandizement is the incremental and intentional dismantling of constitutional checks and balances on executive power. One particular manifestation of this phenomenon, studied within political science for more than 100 years, is the lawful expropriation by executives of the theoretically exclusive lawmaking power of legislatures, an aggrandizement in conflict with the prescriptions of Montesquieu’s tripartite separation of powers theory. The purpose of this investigation is to answer (1) whether there is a normative conflict between 
delegation and power separation, and (2) how delegation of theoretically exclusive legislative competencies can be justified. These questions are answered through, firstly, conducting a conceptual content analysis, by which values concerning delegation and power separation are identified and compared; and, secondly, by entering relevant values concerning delegation into normative logics to construct justifications of legislative delegation. From the results obtained in this investigation, it is concluded that (i) there is a normative conflict between delegation and power separation, and that (ii) legislative delegation can be justified given the values efficiency, discretion, and power sharing.}},
  author       = {{Nilsson, Henrik}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Normative conflict: Delegation contra power separation}},
  year         = {{2024}},
}