What does this research mean for the field?

The separation of powers is conceptually and normatively necessary to realize the rule of law, and relinquishing it in favor of unitary executive power degrades a political order's commitment to the rule of law. Novelty: ClaimNovelty.INCREMENTAL. Consensus alignment: ConsensusAlignment.NEUTRAL.

What question did this study set out to answer?

To evaluate whether the rule of law requires the separation of powers in the modern administrative state, critically examining contemporary skepticism regarding institutional divisions.

September 8, 2026Modern Law ReviewOpen Access

Does the Rule of Law Require the Separation of Powers?

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Authors

DKDimitrios KyritsisUniversity of Essex MLMatthew LewansConference Board

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Implication

Theoretical analysis demonstrates that separating government powers is essential for maintaining the rule of law, suggesting that unchecked executive authority degrades legal order.

Key Points

To evaluate whether the rule of law requires the separation of powers in the modern administrative state, critically examining contemporary skepticism regarding institutional divisions.
Conducted a comparative jurisprudential analysis contrasting Adrian Vermeule's unitary executive framework with the constitutional theories of Carl Schmitt and Thomas Hobbes.
Conceptualized the systematicity of law to assess how structural divisions among legislative, executive, and judicial functions support institutional legitimacy and public deliberation.
Identified Vermeule's argument against the separation of powers as functionally equivalent to Schmitt's theoretical defense of centralized, unitary executive dominance.
Demonstrated that legal systematicity inherently requires a proto-separation of institutional powers to facilitate deliberation, establishing that abandoning separation degrades the rule of law.

Cite This Study

Kyritsis et al. (2026) studied this question.

synapsesocial.com/papers/6a9fd72a58e84d0ff5b459b5 https://doi.org/10.1111/1468-2230.70061

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Implication

Theoretical analysis demonstrates that separating government powers is essential for maintaining the rule of law, suggesting that unchecked executive authority degrades legal order.

Does the Rule of Law Require the Separation of Powers?

Discussion

Member takes

Implication

Key Points

Cite This Study

Does the Rule of Law Require the Separation of Powers?

Discussion

Member takes

Implication

Key Points

Cite This Study

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