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Property, Power and PoliticsWhy We Need to Rethink the World Power System$
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Jean-Philippe Robé

Print publication date: 2020

Print ISBN-13: 9781529213164

Published to Policy Press Scholarship Online: May 2021

DOI: 10.1332/policypress/9781529213164.001.0001

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PRINTED FROM POLICY PRESS SCHOLARSHIP ONLINE (www.policypress.universitypressscholarship.com). (c) Copyright Policy Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PPSO for personal use.date: 28 May 2022

The Modern Constitutional Mode of Government

The Modern Constitutional Mode of Government

Chapter:
(p.87) 2 The Modern Constitutional Mode of Government
Source:
Property, Power and Politics
Author(s):

Jean-Philippe Robé

Publisher:
Policy Press
DOI:10.1332/policypress/9781529213164.003.0003

The notions of State and of the « Organs of the State » are explained in some details to distinguish their prerogatives from private prerogatives. Private property, in this respect, grants autonomy from the « Organs of the State ». It is part of the constitutional prerogatives protecting private persons against excessive public governmental encroachments. It is part of a constitutional order which combines both democracy and distrust for democracy, by limiting the prerogatives of the Organs of the State. The approach developed proposes a unitary view of the Constitution as providing for both public and private prerogatives, the first ones being exercised by Organs of the State and the second ones by legal persons which are not Organs of the State. Public and private prerogatives operate via fundamentally different rules, private property rights entitling their holders to exercise their prerogatives in a despotic manner, i.e. they can do what they want with what they have without the need to take anybody’s advice or authorization - which is the definition of despotism.

Keywords:   Constitution, State, Organ of the State, Democracy, Despotism

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