University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2014 Libertarian Separation of Powers Aziz Huq Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Aziz Huq, "Libertarian Separation of Powers," 8 New York University Journal of Law and Liberty 1006 (2014). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. NEW YoRK UNIVERSY [OURNAL OF LAW & LIBERTY LIBERTARIAN SEPARATION OF POWERS Aziz Z. Huq* INTRODUCTION This essay concerns an oft-assumed, if insufficiently examined, relationship in constitutional law: the causal link between constitu- tional structure and those social and political goods that the Consti- tution aims to secure. Structural aspects of the Constitution such as the separation of powers are not valued for their own sake. There is no distinctive aesthetic value in particular designs for governance, no golden mean of constitutional design. Second-order constitu- tional design instead succeeds only if it creates desirable first-order goods. In the American context, these goods might be said to in- clude democratic governance, individual rights, social welfare, and - of central importance here - individual liberty. * Assistant Professor of Law & Herbert and Marjorie Fried Teaching Scholar, University of Chicago Law School. Many thanks to Tom Gerety for conversation and comments, to Megan O'Neill for terrific research assistance, and to Ben Fischer for helpful edits. A I am pleased to acknowledge the support of the Frank Cicero, Jr.