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Separation Of Power

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Separation of Powers in Practice

Separation of Powers in Practice Book
Author : Thomas Campbell
Publisher : Stanford University Press
Release : 2004
ISBN : 0804750270
Language : En, Es, Fr & De

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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 judiciary’s advantage of being able to do justice in an individual case, and the executive’s 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.

Separation of Powers does it Still Work

Separation of Powers  does it Still Work  Book
Author : Robert A. Goldwin,Art Kaufman
Publisher : American Enterprise Institute
Release : 1986
ISBN : 9780844736075
Language : En, Es, Fr & De

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Book Description :

Does the separation of powers still work?

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers Book
Author : M. J. C. Vile
Publisher :
Release : 1998
ISBN :
Language : En, Es, Fr & De

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Book Description :

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.

The Separation of Governmental Powers in History in Theory and in the Constitutions

The Separation of Governmental Powers in History  in Theory  and in the Constitutions Book
Author : William Bondy
Publisher : The Lawbook Exchange, Ltd.
Release : 1896
ISBN : 188636365X
Language : En, Es, Fr & De

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Book Description :

Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994. ISBN 1-886363-65-X. Cloth. $65. * Examines theories relating to the powers of the court and the legislature and the separation and balance of the two. Originally published as v.5, no. 2 in Columbia's series, Studies in history, economics and public law.

The Rule of Law and the Separation of Powers

The Rule of Law and the Separation of Powers Book
Author : Richard Bellamy
Publisher : Routledge
Release : 2017-07-05
ISBN : 135154070X
Language : En, Es, Fr & De

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Book Description :

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.

Separating Power

Separating Power Book
Author : Gerhard Casper
Publisher : Harvard University Press
Release : 1997
ISBN : 9780674801400
Language : En, Es, Fr & De

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Book Description :

Casper offers a clear portrait of the issues of separation of power along functional lines--legislative, executive, and judicial--in the founding period, as well as a suggestion that in modern times we should be reluctant to tie separation of powers notions to their own procrustean bed.

Separation of Powers Law

Separation of Powers Law Book
Author : Peter M. Shane,Harold H. Bruff
Publisher : Springer
Release : 2005
ISBN :
Language : En, Es, Fr & De

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Book Description :

Presidential impeachment, Bush v. Gore, the authorization for military tribunals to try American civilians for criminal offenses, executive privilege squabbles with courts and Congress, the rise and fall of the line-item veto — it is impossible to overstate the significance of the inter-branch confrontations that have promised to revolutionize separation of powers understandings since the mid-1990s.In Separation of Powers Law, Second Edition, Professors (and former law deans) Shane and Bruff have updated their treatment of this critical area to encompass these and other dramatic issues, such as the impact of 9/11 on the law of electronics surveillance and the capacity of the executive branch to withhold sensitive information on national policy grounds. The books retains its clear structure and historical perspective, plus an emphasis on the ethical challenges posed for constitutional lawyers in the executive and legislative branches seeking to address novel constitutional issues in professionally appropriate ways.The authors continue to introdcue key episodes not only through judicial decisions, but also through administrative orders and memoranda, opinions of the Attorney General and the Office of Legal Counsel, and legislative documents, presenting a broad spectrum of the kinds of legal materials that government lawyers actually consult.

Congress s Constitution

Congress s Constitution Book
Author : Josh Chafetz
Publisher : Yale University Press
Release : 2017-06-27
ISBN : 0300197101
Language : En, Es, Fr & De

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Book Description :

A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-�-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

The Evolution of the Separation of Powers

The Evolution of the Separation of Powers Book
Author : David Bilchitz
Publisher : Edward Elgar Publishing
Release : 2018
ISBN : 1785369776
Language : En, Es, Fr & De

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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.

Congress and the Separation of Powers

Congress and the Separation of Powers Book
Author : John L. FitzGerald
Publisher : New York : Praeger
Release : 1986
ISBN :
Language : En, Es, Fr & De

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Book Description :

This volume illustrates the problems which arise when Congress confers undue discretion upon administrators of government agencies. The author traces the constitutional history relating to legislative and executive powers and discusses the leading decisions of the Supreme Court. He reviews the path of a legislative proposal from its original draft by the Administration through its process in Congress and offers practical recommendations to improve this process and replace indefinite statutory delegations of power with precise legislative policy and guidelines. The volume points the way toward providing standards for the regulation of federal administrative agencies, a definite frame of reference for the courts, and effective overview by Congress.

The Spirit of Laws

The Spirit of Laws Book
Author : Montesquieu
Publisher : Masterlab
Release : 1751
ISBN : 8363625957
Language : En, Es, Fr & De

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Book Description :

The Spirit of Laws is a treatise on political theory first published by Charles de Secondat, Baron de Montesquieu in 1748. Montesquieu pleaded in favor of a constitutional system of government and the separation of powers, the ending of slavery, the preservation of civil liberties and the law, and the idea that political institutions ought to reflect the social and geographical aspects of each community.

The Imperial Congress

The Imperial Congress Book
Author : Gordon S. Jones,John A. Marini
Publisher : World Almanac Books
Release : 1988
ISBN :
Language : En, Es, Fr & De

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Book Description :

Discusses the growth of Congress and its accompanying bureaucracy, and offers suggestions for maintaining the the separation of powers

The Judiciary and Separation of Powers in Nigeria

The Judiciary and Separation of Powers in Nigeria Book
Author : Asari Effanga Young
Publisher :
Release : 2003
ISBN :
Language : En, Es, Fr & De

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Book Description :

This book examines the constitution of the Federal Republic of Nigeria, 1979 and 1999 with regard to their provisions as they relate to the principle of seperation of powers, particularly as it affects the judiciary.

Separation of Powers in Theory and Practice

Separation of Powers in Theory and Practice Book
Author : L. E. de Groot-van Leeuwen,Wannes Rombouts
Publisher : Wolf Legal Publications
Release : 2010
ISBN : 9789058504944
Language : En, Es, Fr & De

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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.

Separation of Power

Separation of Power Book
Author : Vince Flynn
Publisher : Simon and Schuster
Release : 2009-06-30
ISBN : 1439135738
Language : En, Es, Fr & De

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Book Description :

With CIA director Thomas Stansfield dead, his protege, Dr. Irene Kennedy, is poised to take over the reins of the agency, while CIA operative Mitch Rapp heads to the Middle East to try to stop the chaos that could ignite World War III. Reprint.

The Principle of the Separation of Powers

The Principle of the Separation of Powers Book
Author : Zoltán Balázs
Publisher : Lexington Books
Release : 2016-12-13
ISBN : 1498523358
Language : En, Es, Fr & De

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Book Description :

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.

Political Political Theory

Political Political Theory Book
Author : Jeremy Waldron
Publisher : Harvard University Press
Release : 2016-03-07
ISBN : 0674970365
Language : En, Es, Fr & De

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Book Description :

Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.