Constitutionalism And The Separation Of Powers
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Constitutionalism And The Separation Of Powers
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Author : M. J. C. Vile
language : en
Publisher:
Release Date : 1998
Constitutionalism And The Separation Of Powers written by M. J. C. Vile and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
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."
Constitutionalism And The Separation Of Powers
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Author : M. J. C. Vile
language : en
Publisher:
Release Date : 1998
Constitutionalism And The Separation Of Powers written by M. J. C. Vile and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
Constitutionalism And The Separation Of Powers
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Author : Maurice John Crawley Vile
language : en
Publisher:
Release Date : 1987
Constitutionalism And The Separation Of Powers written by Maurice John Crawley Vile and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with categories.
Constitutionalism Human Rights Separation Of Powers
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Author : Georghios M. Pikis
language : en
Publisher: BRILL
Release Date : 2006-08-02
Constitutionalism Human Rights Separation Of Powers written by Georghios M. Pikis and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-02 with Law categories.
The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.
The Rule Of Law And The Separation Of Powers
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Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Rule Of Law And The Separation Of Powers written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
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.
New Challenges To The Separation Of Powers
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Author : Antonia Baraggia
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
New Challenges To The Separation Of Powers written by Antonia Baraggia and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
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.
The Evolution Of The Separation Of Powers
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Author : David Bilchitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
The Evolution Of The Separation Of Powers written by David Bilchitz and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
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.
The Three Branches
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Author : Christoph Möllers
language : en
Publisher: Oxford University Press
Release Date : 2013-03-14
The Three Branches written by Christoph Möllers and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
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.
Separating Powers International Law Before National Courts
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Author : David Haljan
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-30
Separating Powers International Law Before National Courts written by David Haljan and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-30 with Law categories.
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
The Principle Of The Separation Of Powers
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Author : Zoltán Balázs
language : en
Publisher: Lexington Books
Release Date : 2016-12-13
The Principle Of The Separation Of Powers written by Zoltán Balázs and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-13 with Political Science categories.
The principle of the separation of powers has been subject to much recent controversy. This book criticizes the various challenges raised by legal, political, public policy, and management theorists. It revisits the classic normative background of the principle and offers a novel justification of it, grounding it in analytical political theory.