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Author: David Bilchitz
Publisher: Edward Elgar Publishing
ISBN: 1785369776
Category : Constitutional law
Languages : en
Pages : 277
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Book Description
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.
Author: David Bilchitz
Publisher: Edward Elgar Publishing
ISBN: 1785369776
Category : Constitutional law
Languages : en
Pages : 277
Get Book Here
Book Description
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.
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: Leslie A. Schwindt-Bayer
Publisher: Cambridge University Press
ISBN: 1316552888
Category : Political Science
Languages : en
Pages : 219
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Book Description
Corruption is a significant problem for democracies throughout the world. Even the most democratic countries constantly face the threat of corruption and the consequences of it at the polls. Why are some governments more corrupt than others, even after considering cultural, social, and political characteristics? In Clarity of Responsibility, Accountability, and Corruption, the authors argue that clarity of responsibility is critical for reducing corruption in democracies. The authors provide a number of empirical tests of this argument, including a cross-national time-series statistical analysis to show that the higher the level of clarity the lower the perceived corruption levels. Using survey and experimental data, the authors show that clarity causes voters to punish incumbents for corruption. Preliminary tests further indicate that elites respond to these electoral incentives and are more likely to combat corruption when clarity is high.
Author: Edward Hirsch Levi
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 44
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Book Description
Author: Andreas Schedler
Publisher: Lynne Rienner Publishers
ISBN: 9781555877743
Category : Political Science
Languages : en
Pages : 412
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Book Description
This text states that democratic governments must be accountable to the electorate; but they must also be subject to restraint and oversight by other public agencies. The state must control itself. This text explores how new democracies can achieve this goal.
Author: David Kosař
Publisher: Cambridge University Press
ISBN: 1107112125
Category : Law
Languages : en
Pages : 487
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Book Description
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Author: Charles Manga Fombad
Publisher: Oxford University Press
ISBN: 0198759797
Category : Law
Languages : en
Pages : 444
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Book Description
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
Author: Christoph Möllers
Publisher: Oxford University Press
ISBN: 0199602115
Category : Law
Languages : en
Pages : 275
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Book Description
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.
Author: David J. Samuels
Publisher: Cambridge University Press
ISBN: 1139489372
Category : Political Science
Languages : en
Pages :
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Book Description
This book provides a framework for analyzing the impact of the separation of powers on party politics. Conventional political science wisdom assumes that democracy is impossible without political parties, because parties fulfil all the key functions of democratic governance. They nominate candidates, coordinate campaigns, aggregate interests, formulate and implement policy, and manage government power. When scholars first asserted the essential connection between parties and democracy, most of the world's democracies were parliamentary. Yet by the dawn of the twenty-first century, most democracies had directly elected presidents. David J. Samuels and Matthew S. Shugart provide a theoretical framework for analyzing variation in the relationships among presidents, parties, and prime ministers across the world's democracies, revealing the important ways that the separation of powers alters party organization and behavior - thereby changing the nature of democratic representation and accountability.
Author: Mark Elliott
Publisher: Oxford University Press, USA
ISBN: 0199237107
Category : Law
Languages : en
Pages : 902
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Book Description
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.
