Democracy And Executive Power
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Democracy And Executive Power
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Author : Susan Rose-Ackerman
language : en
Publisher: Yale University Press
Release Date : 2021-10-26
Democracy And Executive Power written by Susan Rose-Ackerman and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-26 with Law categories.
A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.
Constitutionalism Executive Power And The Spirit Of Moderation
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Author : Giorgi Areshidze
language : en
Publisher: SUNY Press
Release Date : 2016-05-20
Constitutionalism Executive Power And The Spirit Of Moderation written by Giorgi Areshidze and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-20 with Political Science categories.
Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, The Role of Courts in Constitutional Democracy, analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, Law and Executive Authority, reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, Liberal Education, Constitutionalism, and Philosophic Moderation, shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
Democracy S Chief Executive
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Author : Peter M Shane
language : en
Publisher: Univ of California Press
Release Date : 2022-05-10
Democracy S Chief Executive written by Peter M Shane and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-10 with LAW categories.
Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.
Madison S Nightmare
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Author : Peter M. Shane
language : en
Publisher: University of Chicago Press
Release Date : 2009-08-01
Madison S Nightmare written by Peter M. Shane and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-01 with Political Science categories.
The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.
Institutions Of American Democracy
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Author : Joel D. Aberbach
language : en
Publisher: Oxford University Press
Release Date : 2005-10-27
Institutions Of American Democracy written by Joel D. Aberbach 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 2005-10-27 with Political Science categories.
The presidency and the agencies of the executive branch are deeply interwoven with other core institutions of American government and politics. While the framers of the Constitution granted power to the president, they likewise imbued the legislative and judicial branches of government with the powers necessary to hold the executive in check. The Executive Branch, edited byJoel D. Aberbach and Mark A. Peterson, examines the delicate and shifting balance among the three branches of government, which is constantly renegotiated as political leaders contend with the public's paradoxical sentiments-yearning for strong executive leadership yet fearing too much executive power, and welcoming the benefits of public programs yet uneasy about, and indeed often distrusting, big government. The Executive Branch, a collection of essays by some of the nation's leading political scientists and public policy scholars, examines the historical emergence and contemporary performance of the presidency and bureaucracy, as well as their respective relationships with the Congress, the courts, political parties, and American federalism. Presidential elections are defining moments for the nation's democracy-by linking citizens directly to their government, elections serve as a mechanism for exercising collective public choice. After the election, however, the work of government begins and involves elected and appointed political leaders at all levels of government, career civil servants, government contractors, interest organizations, the media, and engaged citizens. The essays in this volume delve deeply into the organizations and politics that make the executive branch such a complex and fascinating part of American government. The volume provides an assessment from the past to the present of the role and development of the presidency and executive branch agencies, including analysis of the favorable and problematic strategies, and personal attributes, that presidents have brought to the challenge of leadership. It examines the presidency and the executive agencies both separately and together as they influence-or are influenced by-other major institutions of American government and politics, with close attention to how they relate to civic participation and democracy.
The Presidential Republic
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Author : Gary L. Gregg
language : en
Publisher: Rowman & Littlefield
Release Date : 1997
The Presidential Republic written by Gary L. Gregg and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Biography & Autobiography categories.
For two centuries, American presidents have considered themselves to be representatives of the American people. In this detailed study of presidential representation, Gary Gregg explores the theory, history, and consequences of presidents acting as representatives in the American political system. Gregg explores questions such as what it means to be a representative, how the Founding Fathers understood the place of the presidency in the Republic established by the Constitution, and the effects a representational presidency has on deliberative democracy. This important examination of the presidency's place in our political system is essential reading for those interested in American political theory, constitutional studies, and American history.
Presidential Leadership And The Trump Presidency
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Author : Charles M. Lamb
language : en
Publisher: Springer
Release Date : 2019-07-04
Presidential Leadership And The Trump Presidency written by Charles M. Lamb and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-04 with Political Science categories.
This title brings together seven presidential politics scholars to address the Trump presidency and the current functioning of American democracy based on recent provocative research. These studies focus on several important topics, including presidential leadership theory and the Trump presidency, examining its mistruths, analyzing its record in the lower federal courts, probing its use of the pardon power, debating whether it requires an entirely new United States constitution to prevent future authoritarian threats, and assessing Trump's contribution to presidential power research. Taken together, these chapters represent a snapshot view of the early Trump presidency and its implications for US politics moving forward.
A Theory Of The Executive Branch
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Author : Margit Cohn
language : en
Publisher: Oxford University Press
Release Date : 2021-02-24
A Theory Of The Executive Branch written by Margit Cohn 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 2021-02-24 with Law categories.
The executive branch in Western democracies has been granted a virtually impossible task: expected to 'imperially' direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, this book argues that the tension between dominance and submission in the executive branch is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' vision of constitutionalism, the executive branch is simultaneously submissive to law and dominant over it, while concepts of substantive legality are compromised. Building on legal and political science research, this volume classifies and analyses thirteen forms of fuzziness, ranging from open-ended or semi-written constitutions to unapplied legislation. The study of this unavoidable yet problematic feature of the public sphere is addressed descriptively and normatively. Adding detailed examples from two fields of law - emergency law and air-pollution law - in two systems (the UK and the US), the book ends with a call for raising the threshold of judicial review, grounded in theories of participatory and deliberative democracy. This book addresses an area that is surprisingly under-researched. Despite the increase in executive power across democratic polities and increasing public interest in the executive branch and executive powers, this much-needed book offers a theoretical foundation that should ground all analysis of arguably the most powerful branch of modern government.
The Presidency And The Challenge Of Democracy
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Author : M. Genovese
language : en
Publisher: Springer
Release Date : 2006-09-16
The Presidency And The Challenge Of Democracy written by M. Genovese and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-16 with Political Science categories.
The rise of presidential power poses a significant threat to America's democratic values. As the presidency apparently eclipses Congress, the courts in power, and public/media attention, the balance of powers has tilted. In this accessible book, leading scholars explore the reasons for and implications of the rising power of the presidency.
Sovereignty And The New Executive Authority
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Author : Claire Oakes Finkelstein
language : en
Publisher: Ethics, National Security, and
Release Date : 2018-11-02
Sovereignty And The New Executive Authority written by Claire Oakes Finkelstein and has been published by Ethics, National Security, and this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing of irregular militants; prompting questions regarding the legitimacy of executive power in this arena.