Edited by David Bilchitz, Professor, University of Johannesburg; Director, South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC); Secretary-General, International Association of Constitutional Law and David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University, College of Law, US

'This volume subjects a central tenet of constitutional theory - separation of powers - to a searching analysis in comparative perspective. The essays offer rigorous analysis and fresh perspectives. The volume's attention to the constitutions of the global south is an especially welcome and important addition to the comparative constitutional scholarship.'--Adrienne Stone, The University of Melbourne, Australia'The separation of powers is one of the most central and familiar concepts in constitutional law. Yet it is surprisingly under-studied from a comparative perspective: by engaging some of the world's leading comparative constitutional scholars on the topic, this volume thus provides a highly timely and valuable contribution to the existing constitutional literature. In doing so, it also points to new and exciting possibilities about what re-imagined separation of powers understandings might look like - i.e. how in countries in the Global south in particular, recent decades have seen the growth of new institutions and institutional relationships that may well redefine how we ultimately understand the pre-requisites for democracy, the rule of law and basic government accountability.'--Rosalind Dixon, University of New South Wales, Australia

• Contents: 1. Introduction: The Evolution of the Separation of Powers in the Global South and Global NorthDavid Landau and David BilchitzPart I Emerging Themes in the Separation of Powers of the Global South and the Global North2. Institutional Failure and Intertemporal Theories of Judicial Role in the Global SouthDavid Landau3. Towards a Defensible Relationship Between the Content of Socio-Economic Rights and the Separation of Powers: Conflation or Separation?David Bilchitz4. Courts and the Expansion of Executive Power: Making the Constitution MatterRenata Uitz5. Accommodating an Old Constitution to the 21st Century State: Of Law and PoliticsVicki C. Jackson6. The Conceptual Architecture of the Principle of Separation of PowersDaniel Bonilla MaldonadoPart II Independent Accountability Institutions and the New Separation of Powers in the Global South7. The Fourth Branch: Challenges and Opportunities for a Robust and Meaningful Role for South Africa’s State Institutions Supporting Democracy Faraaz Mohamed8. Separation of Powers and the Accountability Role of NHRIs: The Malawi Human Rights Commission Through the CourtsRedson Edward Kapindu9. Mexico’s National Commission on Human Rights: An Autonomous Constitutional Agency with Too Much Autonomy? José Ma. Serna de la GarzaIndex

Edited by David Bilchitz, Professor, University of Johannesburg; Director, South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC); Secretary-General, International Association of Constitutional Law and David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University, College of Law, US

'This volume subjects a central tenet of constitutional theory - separation of powers - to a searching analysis in comparative perspective. The essays offer rigorous analysis and fresh perspectives. The volume's attention to the constitutions of the global south is an especially welcome and important addition to the comparative constitutional scholarship.'--Adrienne Stone, The University of Melbourne, Australia'The separation of powers is one of the most central and familiar concepts in constitutional law. Yet it is surprisingly under-studied from a comparative perspective: by engaging some of the world's leading comparative constitutional scholars on the topic, this volume thus provides a highly timely and valuable contribution to the existing constitutional literature. In doing so, it also points to new and exciting possibilities about what re-imagined separation of powers understandings might look like - i.e. how in countries in the Global south in particular, recent decades have seen the growth of new institutions and institutional relationships that may well redefine how we ultimately understand the pre-requisites for democracy, the rule of law and basic government accountability.'--Rosalind Dixon, University of New South Wales, Australia

• Contents: 1. Introduction: The Evolution of the Separation of Powers in the Global South and Global NorthDavid Landau and David BilchitzPart I Emerging Themes in the Separation of Powers of the Global South and the Global North2. Institutional Failure and Intertemporal Theories of Judicial Role in the Global SouthDavid Landau3. Towards a Defensible Relationship Between the Content of Socio-Economic Rights and the Separation of Powers: Conflation or Separation?David Bilchitz4. Courts and the Expansion of Executive Power: Making the Constitution MatterRenata Uitz5. Accommodating an Old Constitution to the 21st Century State: Of Law and PoliticsVicki C. Jackson6. The Conceptual Architecture of the Principle of Separation of PowersDaniel Bonilla MaldonadoPart II Independent Accountability Institutions and the New Separation of Powers in the Global South7. The Fourth Branch: Challenges and Opportunities for a Robust and Meaningful Role for South Africa’s State Institutions Supporting Democracy Faraaz Mohamed8. Separation of Powers and the Accountability Role of NHRIs: The Malawi Human Rights Commission Through the CourtsRedson Edward Kapindu9. Mexico’s National Commission on Human Rights: An Autonomous Constitutional Agency with Too Much Autonomy? José Ma. Serna de la GarzaIndex