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Author: Robert Solender
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The idea that the government of the United States is composed of three elements, legislative, executive, and judicial is introduced to the school child at an early age. These three functions he is told form a perfect equilateral triangle. In actuality, however, one may conclude today without too much difficulty that strict observance of the doctrine of separation of powers is mythical, and that in some cases, separation of powers is virtually non-existent. Why then, this thesis; to trace an outworn concept?-- hardly. For to begin with, the concept is by no means outworn. We have come a long way from Montesquieu and a long way from 1787, but while the doctrine has undergone repeated qualifications it remains a potent force. Witness the fact that it was only a decade ago that the Supreme Court declared the NRA unconstitutional as a violation of separation of powers. Today, this nation is in the throes of the greatest war in history and it is only natural that in these days of total war the administrative branch will tend to expand as never before. But the war will not last forever, and the question of the constitutional distribution of power will regain its importance in the return to normalcy.
Author: Robert Solender
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The idea that the government of the United States is composed of three elements, legislative, executive, and judicial is introduced to the school child at an early age. These three functions he is told form a perfect equilateral triangle. In actuality, however, one may conclude today without too much difficulty that strict observance of the doctrine of separation of powers is mythical, and that in some cases, separation of powers is virtually non-existent. Why then, this thesis; to trace an outworn concept?-- hardly. For to begin with, the concept is by no means outworn. We have come a long way from Montesquieu and a long way from 1787, but while the doctrine has undergone repeated qualifications it remains a potent force. Witness the fact that it was only a decade ago that the Supreme Court declared the NRA unconstitutional as a violation of separation of powers. Today, this nation is in the throes of the greatest war in history and it is only natural that in these days of total war the administrative branch will tend to expand as never before. But the war will not last forever, and the question of the constitutional distribution of power will regain its importance in the return to normalcy.
Author: Thomas Campbell
Publisher: Stanford University Press
ISBN: 0804750270
Category : Law
Languages : en
Pages : 248
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Book Description
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.
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: Zoltán Balázs
Publisher: Lexington Books
ISBN: 1498523358
Category : Political Science
Languages : en
Pages : 203
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Book Description
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.
Author: Charles de Secondat baron de Montesquieu
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 492
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Book Description
Author: William Bondy
Publisher: New York : Columbia College
ISBN:
Category : Separation of powers
Languages : en
Pages : 186
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Book Description
Author: H. Liebert
Publisher: Springer
ISBN: 1137014458
Category : Business & Economics
Languages : en
Pages : 362
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Book Description
Since September 11, 2001, long-standing debates over the nature and proper extent of executive power have assumed a fresh urgency. In this book eleven leading scholars of American politics and political theory address the idea of executive power.
Author: L. E. de Groot-van Leeuwen
Publisher:
ISBN: 9789058504944
Category : Judicial independence
Languages : en
Pages : 0
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Book Description
The separation of powers is a foundation of democratic societies. But what does this doctrine mean in practice? How does the judiciary connect to the power of politics? This volume reports on the often tense and dynamic relationship between judges and governments. It covers political debate but also the many strategies used to attack and defend judicial independence. These strategies range from subtle elite negotiations to all-out media wars. The volume focuses on a number of countries with quite different legal histories, such as Italy, Bulgaria, Germany, the US and Israel. This volume has its origins in the Working Group for Comparative Study of Legal Professions of the International Sociological Association/Research Committee on Sociology of Law (ISA/RCSL). During meetings of this Group over the years, the idea emerged of working on the theme of the separation of powers. The present volume includes the contributions of members of the Working Group as well as other authors. A special workshop was held on the changing relationship between the judiciary and the other state powers at the International Institute for the Sociology of Law (IISL) in Oñati, Spain, in May 2007. Most of the contributions in this volume had their first public airing on that occasion. The chapters were completed in 2008. The success of this project must be attributed to the collaborative efforts of all the contributors, who gave their time and expertise.
Author: Marcin Romanowski
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN:
Category : Law
Languages : en
Pages : 318
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Book Description
The separation of powers doctrine is undoubtedly one of the key principles of contemporary constitutionalism. Despite this, it has not been framed into a single, homogeneous, and thus universal form. The abundance of approaches and nuances found in legal and political doctrine makes it an extremely labile and meandering concept, which can take on a variety of shapes. Its legislative articulation is by no means uniform, and thus reproducible, either. The separation of powers in constitutional law is therefore expressed in a broad array of formulas, sometimes explicitly, sometimes implicitly. In addition, it can take on a classic, almost model form, or it can be shaped in a significantly altered manner compared to what we used to call its model […] …the dispersion of ideas about what the separation of powers is, where it originates or how to best frame and apply it in legislation and practice does not deprive the separation of powers of the nature of a timeless general notion that underlies the very concept of the division of power. After all, the impulse to formulate the assumptions for the separation of powers was in each case triggered by the desire to eliminate the vesting of unlimited or excessive power in an individual or a narrow, oligarchised group. Therefore, its essence and also the main advantage is, first of all, protection against the despotism of power, which translates into the specific benefit of consolidation of institutional guarantees of civil rights and liberties through the attribution of individual power functions to different branches of government, and then their clear separation”. MARCIN ROMANOWSKI, Separation of Powers: Meanders of Doctrine and Legislation
Author: Eoin Carolan
Publisher: Oxford University Press on Demand
ISBN: 0199568677
Category : Language Arts & Disciplines
Languages : en
Pages : 315
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Book Description
This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
