Who shall keep the keepers themselves? On the moral foundations of the separation of powers”

The chapter tackles the fundamental question of quis custodiet ipsos custodes. It argues that the classic problem is typical of separated powers and alien to either anarchy or absolutism. Careful attention is paid to how the institutional environment moulds the different guises the problem might have. Drawing upon work by Geoffrey Brennan, the author elaborates the concept of compound symmetry. His portrait of constitutional courts reveals how difficult it is to have a third party as the ultimate guardian or keeper.