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<p>The thesis that constitutional courts, experts, and independent bodies increasingly govern society is controversial. The aim of this article is not to deal with the possible empirical substantiation of this assumption but to examine what these independent bodies are and where they belong in the state macrostructure. A&#xa0;comprehensive embedding of these instances in the state structure has so far been lacking. Through their conceptual bundling, a&#xa0;subsystem becomes recognizable, which is referred to as the ataraxic state. To underpin this finding, the article draws on the classical theory of the separation of powers and the concept of horizontal accountability. Based on this conceptual bundling, the article aims to stimulate a&#xa0;reinterpretation of the forgotten concept of the mixed constitution, as the conceptual work offered here concludes that all of these independent entities form a&#xa0;subsystem in the state that is structurally opposed to both democracy and politics and can thus contribute to a&#xa0;long-term and specific equilibrium of the polity.</p>

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Der ataraxische Staat

  • 期刊论文

  • 出版模式：

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  • 发表日期：

    2025年1月23日

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  • Franz Xavier Barrios-Suvelza

摘要

The thesis that constitutional courts, experts, and independent bodies increasingly govern society is controversial. The aim of this article is not to deal with the possible empirical substantiation of this assumption but to examine what these independent bodies are and where they belong in the state macrostructure. A comprehensive embedding of these instances in the state structure has so far been lacking. Through their conceptual bundling, a subsystem becomes recognizable, which is referred to as the ataraxic state. To underpin this finding, the article draws on the classical theory of the separation of powers and the concept of horizontal accountability. Based on this conceptual bundling, the article aims to stimulate a reinterpretation of the forgotten concept of the mixed constitution, as the conceptual work offered here concludes that all of these independent entities form a subsystem in the state that is structurally opposed to both democracy and politics and can thus contribute to a long-term and specific equilibrium of the polity.