Agonistic Separation of Powers

Constitutional design should be read as an ‘agonistic’ system in which branches have overlapping but distinct functions and deliberate through institutional contest and negotiation rather than a hierarchy settled primarily by the courts. This view treats devices like the legislative veto and other interbranch bargains as legitimate functional tools to discipline delegation and make the administrative state accountable. — Recasting separation of powers from a Court‑centred formalism to functional interbranch bargaining would change debates about congressional oversight, administrative reform, and the proper role of judicial review.