Separation Of Power
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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.
Separation Of Powers Does It Still Work
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Author : Robert A. Goldwin
language : en
Publisher: American Enterprise Institute Press
Release Date : 1986
Separation Of Powers Does It Still Work written by Robert A. Goldwin and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Separation of powers categories.
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.
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."
The Spirit Of Laws
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Author : Charles de Secondat baron de Montesquieu
language : en
Publisher:
Release Date : 1886
The Spirit Of Laws written by Charles de Secondat baron de Montesquieu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with Jurisprudence categories.
Separation Of Powers In Practice
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Author : Thomas Campbell
language : en
Publisher: Stanford University Press
Release Date : 2004
Separation Of Powers In Practice written by Thomas Campbell and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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.
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.
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 Separation Of Powers In The Contemporary Constitution
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2010-12-02
The Separation Of Powers In The Contemporary Constitution written by Roger Masterman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-02 with Law categories.
In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
The Doctrine Of The Separation Of Powers And Its Presentday Significance
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Author : Arthur T. Vanderbilt
language : en
Publisher:
Release Date : 1963
The Doctrine Of The Separation Of Powers And Its Presentday Significance written by Arthur T. Vanderbilt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Separación de poderes categories.