Rethinking The Separation Of Powers


Rethinking The Separation Of Powers
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The Powers That Be


The Powers That Be
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Author : H.-M. T. D. ten Napel
language : en
Publisher:
Release Date : 2015

The Powers That Be written by H.-M. T. D. ten Napel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Separation of powers categories.




The Powers That Be


The Powers That Be
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Author : H.-M. T. D. ten Napel
language : en
Publisher:
Release Date : 2015

The Powers That Be written by H.-M. T. D. ten Napel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Separation of powers categories.




Rethinking The Separation Of Powers


Rethinking The Separation Of Powers
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Author : Frank Vibert
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-08-28

Rethinking The Separation Of Powers written by Frank Vibert 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 2024-08-28 with Law categories.


Exploring the evolution and resilience of systems for the separation of powers, this prescient book rethinks how different architectures can defend democracies against adverse shocks and help them adapt to change. Frank Vibert cuts across many fields of study to address the central problem in modern government of how to balance the reasoning of experts with that of electoral politics. Beginning from the original separation of powers between the legislative, executive and judicial branches of government, Vibert explores modern alternatives to this system. In particular, he discusses consociationalism, based on the need for political consensus for major decisions, as well as rights-based approaches. Looking to the future, he identifies important areas for improvement in these systems, such as better defences against corruption and stronger representation for the marginalised as well as the need to address income and wealth differences. Ultimately, he shows that the separation of powers is a learning system that can adapt to the tasks of modern government, especially by combining the reasoning of experts with political strategy without reverting to technocracy. Rethinking the Separation of Powers is an essential read for students and scholars of political science, law, behavioural science, social psychology and philosophy. Addressing central problems in modern government, it will also be vital for researchers interested in strategies for effective policy-making.



New Challenges To The Separation Of Powers


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.



Rethinking Corporate Governance


Rethinking Corporate Governance
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Author : Alessio Pacces
language : en
Publisher: Routledge
Release Date : 2013-01-17

Rethinking Corporate Governance written by Alessio Pacces and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-17 with Law categories.


The standard approach to the legal foundations of corporate governance is based on the view that corporate law promotes separation of ownership and control by protecting non-controlling shareholders from expropriation. This book takes a broader perspective by showing that investor protection is a necessary, but not sufficient, legal condition for the efficient separation of ownership and control. Supporting the control powers of managers or controlling shareholders is as important as protecting investors from the abuse of these powers. Rethinking Corporate Governance reappraises the existing framework for the economic analysis of corporate law based on three categories of private benefits of control. Some of these benefits are not necessarily bad for corporate governance. The areas of law mainly affecting private benefits of control – including the distribution of corporate powers, self-dealing, and takeover regulation – are analyzed in five jurisdictions, namely the US, the UK, Italy, Sweden, and the Netherlands. Not only does this approach to corporate law explain separation of ownership and control better than just investor protection; it also suggests that the law can improve the efficiency of corporate governance by allowing non-controlling shareholders to be less powerful.



Rethinking Judicial Power In Papua New Guinea


Rethinking Judicial Power In Papua New Guinea
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Author : Bal Kama
language : en
Publisher: Springer
Release Date : 2024-07-08

Rethinking Judicial Power In Papua New Guinea written by Bal Kama and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-08 with Law categories.


This book examines the role and nature of the judiciary in Papua New Guinea (PNG), the first comprehensive study since the country's independence in 1975. It challenges the traditional view of the judiciary as solely a legal entity, arguing for its broader social and political functions. Critiquing assumptions inherited from British and Australian colonial thinking, it discusses how decolonisation has redefined judicial power, enabling courts to have a more transformative role. Introducing transformative constitutionalism into Australian-Pacific legal thinking, the book argues that PNG has a transformative constitution defined by its intent for reform, extensive Charter of Rights, and a liberal judiciary—features not found in other Pacific constitutions. Given the region's challenges such as corruption, political instability, and climate change, the book advocates for a more proactive role for the judiciary. It proposes a re-evaluation of the classical tripartite doctrine of separation of powers, advocating for a quadripartite model in PNG where the judiciary has a broader reformative function and the independent constitutional institutions constitute a fourth arm of government. This work makes important contributions to understandings of judicial power and constitutional law as well as other fields including comparative constitutional studies, legal history and decolonial scholarship.



The Power Of Creative Destruction


The Power Of Creative Destruction
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Author : Philippe Aghion
language : en
Publisher: Harvard University Press
Release Date : 2021-04-20

The Power Of Creative Destruction written by Philippe Aghion and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 with Business & Economics categories.


From one of the world’s leading economists and his coauthors, a cutting-edge analysis of what drives economic growth and a blueprint for prosperity under capitalism. Crisis seems to follow crisis. Inequality is rising, growth is stagnant, the environment is suffering, and the COVID-19 pandemic has exposed every crack in the system. We hear more and more calls for radical change, even the overthrow of capitalism. But the answer to our problems is not revolution. The answer is to create a better capitalism by understanding and harnessing the power of creative destruction—innovation that disrupts, but that over the past two hundred years has also lifted societies to previously unimagined prosperity. To explain, Philippe Aghion, Céline Antonin, and Simon Bunel draw on cutting-edge theory and evidence to examine today’s most fundamental economic questions, including the roots of growth and inequality, competition and globalization, the determinants of health and happiness, technological revolutions, secular stagnation, middle-income traps, climate change, and how to recover from economic shocks. They show that we owe our modern standard of living to innovations enabled by free-market capitalism. But we also need state intervention with the appropriate checks and balances to simultaneously foster ongoing economic creativity, manage the social disruption that innovation leaves in its wake, and ensure that yesterday’s superstar innovators don’t pull the ladder up after them to thwart tomorrow’s. A powerful and ambitious reappraisal of the foundations of economic success and a blueprint for change, The Power of Creative Destruction shows that a fair and prosperous future is ultimately ours to make.



Due Process And Fair Trial In Eu Competition Law


Due Process And Fair Trial In Eu Competition Law
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Author : Cristina Teleki
language : en
Publisher: BRILL
Release Date : 2021-05-17

Due Process And Fair Trial In Eu Competition Law written by Cristina Teleki and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-17 with Business & Economics categories.


In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.



Rethinking Capitalism


Rethinking Capitalism
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Author : Michael Jacobs
language : en
Publisher: John Wiley & Sons
Release Date : 2016-07-21

Rethinking Capitalism written by Michael Jacobs and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-21 with Political Science categories.


"Thought provoking and fresh - this book challenges how we think about economics.” Gillian Tett, Financial Times For further information about recent publicity events and media coverage for Rethinking Capitalism please visit http://marianamazzucato.com/rethinking-capitalism/ Western capitalism is in crisis. For decades investment has been falling, living standards have stagnated or declined, and inequality has risen dramatically. Economic policy has neither reformed the financial system nor restored stable growth. Climate change meanwhile poses increasing risks to future prosperity. In this book some of the world’s leading economists propose new ways of thinking about capitalism. In clear and compelling prose, each chapter shows how today’s deep economic problems reflect the inadequacies of orthodox economic theory and the failure of policies informed by it. The chapters examine a range of contemporary economic issues, including fiscal and monetary policy, financial markets and business behaviour, inequality and privatisation, and innovation and environmental change. The authors set out alternative economic approaches which better explain how capitalism works, why it often doesn’t, and how it can be made more innovative, inclusive and sustainable. Outlining a series of far-reaching policy reforms, Rethinking Capitalism offers a powerful challenge to mainstream economic debate, and new ideas to transform it.



American Democracy In Crisis


American Democracy In Crisis
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Author : Jeanne Sheehan
language : en
Publisher: Springer Nature
Release Date : 2021-01-02

American Democracy In Crisis written by Jeanne Sheehan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-02 with Political Science categories.


Public disenchantment with and distrust of American government is at an all-time high and who can blame them? In the face of widespread challenges—everything from record levels of personal and national debt and the sky high cost of education, to gun violence, racial discrimination, an immigration crisis, overpriced pharmaceuticals, and much more—the government seems paralyzed and unable to act, the most recent example being Covid-19. It’s the deadliest pandemic in over a century. In addition to an unimaginable sick and death toll, it has left more than thirty million Americans unemployed. Despite this, Washington let the first round of supplemental unemployment benefits run out and for more than a month were unable to agree on a bill to help those suffering. This book explains why we are in this situation, why the government is unable to respond to key challenges, and what we can do to right the ship. It requires that readers “upstream,” stop blaming the individuals in office and instead look at the root cause of the problem. The real culprit is the system; it was designed to protect liberty and structured accordingly. As a result, however, it has left us with a government that is not responsive, largely unaccountable, and often ineffective. This is not an accident; it is by design. Changing the way our government operates requires rethinking its primary goal(s) and then restructuring to meet them. To this end, this book offers specific reform proposals to restructure the government and in the process make it more accountable, effective, and responsive.