When Constitutional Functions Blur
Constitutional orders rarely announce that they are becoming less constitutional. More often, the institutions remain in place while their functions begin to blur. A legislature still meets. Courts still issue opinions. An executive still claims to act under law.…
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When Constitutional Functions Blur
Constitutional orders rarely announce that they are becoming less constitutional. More often, the institutions remain in place while their functions begin to blur. A legislature still meets. Courts still issue opinions. An executive still claims to act under law. Yet the practical balance changes when one institution starts doing work that normally belongs to another, or when one branch becomes too weak to perform its own role.