Theorizing about the executive in the modern state.

This article reviews Margit Cohn’s book on executive power in constitutional democracies, focusing on her theory built around the themes of tension and legality, which highlights how broad, vague legal authorizations ("fuzzy legality") grant executives wide discretion that raises rule of law and democratic concerns. While Cohn advocates for strong judicial scrutiny to check executive overreach, the article argues for a more pluralistic approach that recognizes both the risks and the helpful functions of executive discretion, emphasizing that fuzziness in law can sometimes promote democratic values and effective governance. It further discusses the limitations of relying solely on courts or legislatures to constrain executive power and suggests that a combination of institutional strengths, including internal executive norms and integrity bodies, is necessary to balance accountability with the need for effective public administration. The article concludes that addressing executive power requires nuanced responses that avoid impeding governance in the public interest.