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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 87
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 87
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Book Description
Author: Papua New Guinea. National Parliament. Bi-Partisan Select Committee on Provincial Government
Publisher:
ISBN:
Category : Papua New Guinea
Languages : en
Pages : 87
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Book Description
Author: Papua New Guinea. National Parliament. Bi-Partisan Select Committee on Provincial Government
Publisher:
ISBN:
Category : Decentralization in government
Languages : en
Pages : 114
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Book Description
Author: Stephen Breyer
Publisher: Harvard University Press
ISBN: 0674269365
Category : Law
Languages : en
Pages : 113
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Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Texas
Publisher:
ISBN:
Category : Water
Languages : en
Pages : 548
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Author: Sanford Levinson
Publisher: Princeton University Press
ISBN: 1400821630
Category : Law
Languages : en
Pages : 341
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Book Description
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
Author: Michael W. McConnell
Publisher: Princeton University Press
ISBN: 069121199X
Category : Political Science
Languages : en
Pages : 440
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Book Description
Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
Author: Peter M. Shane
Publisher:
ISBN: 9781531002596
Category : Separation of powers
Languages : en
Pages : 0
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Book Description
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].
Author: John A. Dearborn
Publisher: University of Chicago Press
ISBN: 022679783X
Category : History
Languages : en
Pages : 347
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Book Description
"The extraordinary nature of the Trump presidency has spawned a resurgence in the study of the presidency and a rising concern about the power of the office. In Power Shifts: Congress and Presidential Representation, John Dearborn explores the development of the idea of the representative presidency, that the president alone is elected by a national constituency, and thus the only part of government who can represent the nation against the parochial concerns of members of Congress, and its relationship to the growth of presidential power in the 20th century. Dearborn asks why Congress conceded so much power to the Chief Executive, with the support of particularly conservative members of the Supreme Court. He discusses the debates between Congress and the Executive and the arguments offered by politicians, scholars, and members of the judiciary about the role of the president in the American state. He asks why so many bought into the idea of the representative, and hence, strong presidency despite unpopular wars, failed foreign policies, and parochial actions that favor only the president's supporters. This is a book about the power of ideas in the development of the American state"--
Author: George Anderson
Publisher: Oxford University Press
ISBN: 0192573616
Category : Law
Languages : en
Pages : 464
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Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
