In this Essay, I first describe internal separation of powers mechanisms and the constitutional role they can play. I next take up the question of whether these constraints are effective checks on Executive Branch overreaching and emphasize the mutually reinforcing relationship between such internal constraints and external checks on the Executive Branch. Finally, I discuss the general failure of current separation of powers doctrine to directly connect internal and external constraints and analyze whether including such a linkage would be appropriate.
Gillian E. Metzger,
The Interdependent Relationship Between Internal and External Separation of Powers,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol59/iss2/4