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Constitutional Separation Of Powers
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Book Synopsis Separation Of Powers: Documents and Commentary by : Katy Harriger
Download or read book Separation Of Powers: Documents and Commentary written by Katy Harriger and published by . This book was released on 2003-02 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dozen introductory essays and 56 documents are designed to help spice up the usually dreary courses on the separation of powers in the US government by illuminating the dynamics and complexity of the concept and the conflict that often accompanies its practice. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Book Synopsis The Spirit of Laws by : Charles de Secondat baron de Montesquieu
Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1886 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congress's Constitution by : Joshua Aaron Chafetz
Download or read book Congress's Constitution written by Joshua Aaron Chafetz and published by Yale University Press. This book was released on 2017-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Book Synopsis New Challenges to the Separation of Powers by : Antonia Baraggia
Download or read book New Challenges to the Separation of Powers written by Antonia Baraggia and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.
Book Synopsis Understanding Democracy by : John J. Patrick
Download or read book Understanding Democracy written by John J. Patrick and published by Oxford University Press. This book was released on 2006-05-25 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handy pocket guide explains the core concepts of democracy in a clear A-Z format. Though these core concepts may be practiced differently in various countries, every genuine democracy is based on them in one way or another. Ideal for civics and government classrooms, Understanding Democracy is a concise, scholarly starting point for research papers and writing assignments.
Book Synopsis The Principle of the Separation of Powers by : Zoltán Balázs
Download or read book The Principle of the Separation of Powers written by Zoltán Balázs and published by Lexington Books. This book was released on 2016-12-13 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The separation of powers is one of the most cherished principles of constitutional government in the Western tradition. Despite its prestigious status, however, it has always been controversial. It has been attacked for being inadequate to account for institutional realities; for being inapplicable to parliamentary systems; for lacking a convincing normative grounding and even for being harmful, inasmuch as it hampers both the immediate enforcement of popular will and efficient political leadership. Current political crises all over the world, especially the rise of populist democracies and authoritarian regimes, however, make the principle worth a closer, more positive examination. This book takes stock of the criticisms of the principle of separation of powers and attempts to offer a new normative account of it. It argues that the separation of powers cannot be restricted to governmental institutions, agencies and decision-making procedures. Rather, it must be derived from the very basics of government, from the very notions of political order and articulated government and from the distinct though related concepts of social and governmental power and of authority. Once these distinctions are made, institutional separations are easier to be established. Contrary to the classical and most contemporary conceptions of the principle, the present account argues for a relational and negative conception of the separation of powers. The legislative branch in conceived of as the one where political authority, political power and social power are all equally represented. The executive branch is best understood as excluding social power whereas the judicial branch is marked for its opposition to the influence of political power. This conception avoids the pitfalls of essentialism and functionalism and makes the principle applicable in a much wider international context.
Book Synopsis The Power of Separation by : Jessica Korn
Download or read book The Power of Separation written by Jessica Korn and published by Princeton University Press. This book was released on 1998-03-29 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Author Jessica Korn challenges the notion that the 18th-century principles underlying the American separation of powers system are incompatible with the demands of 20th-century governance by questioning the dominant scholarship on the legislative veto. Korn's analysis shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority.
Book Synopsis The Separation of Powers in the Contemporary Constitution by : Roger Masterman
Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman and published by Cambridge University Press. This book was released on 2010-12-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Separation of Powers and Legislative Interference in Judicial Process by : Peter Gerangelos
Download or read book The Separation of Powers and Legislative Interference in Judicial Process written by Peter Gerangelos and published by Hart Publishing. This book was released on 2009-04-10 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).
Book Synopsis The Three Branches by : Christoph Möllers
Download or read book The Three Branches written by Christoph Möllers and published by Oxford University Press. This book was released on 2013-03-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.
Book Synopsis Separation of Powers Law by : Peter M. Shane
Download or read book Separation of Powers Law written by Peter M. Shane and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dramatic issues of presidential power and executive accountability to both courts and Congress have pervaded the news for at least the last half-century. Political polarization and the election in 2016 of an "outsider" president intent on disrupting conventional governance norms have generated a seemingly unprecedented volume of new legal controversies. This updated edition addresses both separation of powers questions of long standing and many of the hot issues arising in the later Obama years and the early months of the Trump Administration. The authors have wholly revised the text's exploration of the President's "faithful execution of the laws" obligations, significantly expanded the material on presidential authority regarding immigration, and updated the material on presidential regulatory oversight to take account of the latest developments. For the first time in this text, litigation over the Foreign Emoluments Clause makes an appearance. The materials on war powers have been reorganized into two chapters, highlighting how post-9/11 developments have challenged the categorical distinctions between war and peace, battlefield and home front, and domestic and international affairs around which "war powers law" has traditionally been oriented. The book retains its clear structure and historical perspective, along with the authors' emphasis on the ethical challenges posed for lawyers in the executive and legislative branches who seek to address novel separation of powers issues in professionally appropriate ways. A resource website is available at separationofpowerslaw.com. Adopters of the book may view additional information by logging onto the site. Faculty may request login information by emailing [email protected].
Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile
Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
Download or read book Public Law written by Mark Elliott and published by Oxford University Press, USA. This book was released on 2011-03-17 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law is a high quality introductory textbook that comprehensively covers the key topics found on undergraduate public law courses. Three key themes that permeate all of the content allow students to approach the content in a structured and easy to understand way and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses. The key themes are: -The significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account -The shift in recent times from a more political to a more legal constitution and the implications of this change -The increasingly 'multi-layered' character of the British constitution Online Resource Centre Public Law is accompanied by a free, open-access Online Resource Centre (www.oxfordtextbooks.co.uk/orc/elliott_thomas) which offers the following resources to support students: - Figures from the book reproduced online - A list of useful websites for students - Regularly posted legal and political updates for the book - A testbank of questions for tutors to assess students' progress This book has been highly endorsed by lecturers for level of coverage, accuracy, and the manner in which the three themes provide an excellent backdrop to the book's content. 'I think it will be a very welcome addition to the range of text books available and I suspect that it will become my personal favourite.' - Barbara Mauthe; Lancaster University 'I found the book impressive and likely to be of interest and use to a great many. It is written in a style that is pitched about the right level. It was easy to understand and provides - for me - a good blend of black letter law and socio-political context' - David Mead; University of East Anglia Written by two experienced teachers of the subject, Public Law is an essential new text that focuses on what students need to engage with and understand this challenging subject.
Book Synopsis The Rule of Law and the Separation of Powers by : Richard Bellamy
Download or read book The Rule of Law and the Separation of Powers written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
Book Synopsis Separation of Powers in Practice by : Thomas Campbell
Download or read book Separation of Powers in Practice written by Thomas Campbell and published by Stanford University Press. This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciarys advantage of being able to do justice in an individual case, and the executives homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.
Book Synopsis The Evolution of the Separation of Powers by : David Bilchitz
Download or read book The Evolution of the Separation of Powers written by David Bilchitz and published by Edward Elgar Publishing. This book was released on with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
