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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: Robert A. Goldwin
Publisher: American Enterprise Institute Press
ISBN:
Category : Political Science
Languages : en
Pages : 214
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Book Description
Author: Charles de Secondat baron de Montesquieu
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 492
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Book Description
Author: Guido Tabellini
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Political constitutions are incomplete contracts and therefore leave scope for abuse of power. In democracies, elections are the primary mechanism for disciplining public officials, but they are not sufficient. Separation of powers between executive and legislative bodies also helps prevent the abuse of power but only with appropriate checks and balances. Checks and balances work by creating a conflict of interests between the executive and the legislature, yet requiring both bodies to agree on public policy. In this way, the two bodies discipline each other at the voters' advantage. Under appropriate checks and balances, separation of powers also helps the voters elicit information.
Author: Jack Beatson
Publisher: Bloomsbury Publishing
ISBN: 150993880X
Category : Law
Languages : en
Pages : 193
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Book Description
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?
Author: Bruce Buchanan
Publisher:
ISBN: 9780415536554
Category : Executive power
Languages : en
Pages : 0
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Book Description
Many analysts now believe that the growth of presidential war power relative to Congress is irreversible. This book was written to contest that view. Its purpose is to identify what would be required to restore presidential war power to constitutional specifications while leaving the president powerful enough to do what is truly necessary in the face of any emergency. Buchanan focuses mainly on diagnosing the origins of the problem and devising practical ways to work toward restoration of the constitutional balance of power between Congress and the president. The work begins by showing the lack of clear, widely shared standards whose enforcement is needed to sustain the balance of power and draws on the thinking of the founders and political theorists to crystallize such standards. Next it details how, in the absence of standards, agents such as Congress and the Supreme Court with formal influence on presidents and informal agents such as media and public opinion have unwittingly enabled unnecessary power expansion, such as the presidential 'wars of choice'. Of course change of this magnitude cannot be expected to happen quickly. Remedies necessarily involve a reform architecture intended to unfold gradually, with the first step being simply to start a focused conversation (another purpose of this book). Buchanan moves toward specific remedies by identifying the structure and strategy for a new think tank designed to nudge the political system toward the kind of change the book recommends. Lastly, the book shows how a fictional policy trial could take a practical step toward in rebalancing the war power. This is a crucial examination of presidential power and the U.S. separation of powers system, with a focused effort on making a course correction toward the kind of power sharing envisioned in the Constitution.
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: John Adams
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 46
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Book Description
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.
