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Separation Of Power

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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 : 1351540696
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.

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers Book
Author : M. J. C. Vile
Publisher : Unknown
Release : 1998
ISBN : 0987650XXX
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.

New Challenges to the Separation of Powers

New Challenges to the Separation of Powers Book
Author : Antonia Baraggia,Cristina Fasone,Luca P. Vanoni
Publisher : Edward Elgar Publishing
Release : 2020-11-27
ISBN : 1788975278
Language : En, Es, Fr & De

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Book Description :

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

Separation of Powers  does it Still Work  Book
Author : Robert A. Goldwin,Art Kaufman
Publisher : Aei Press
Release : 1986
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download Separation of Powers does it Still Work book written by Robert A. Goldwin,Art Kaufman, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

The Meaning of the Separation of Powers

The Meaning of the Separation of Powers Book
Author : William B. Gwyn
Publisher : Unknown
Release : 1965
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download The Meaning of the Separation of Powers book written by William B. Gwyn, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

The Doctrine of the Separation of Powers and Its Presentday Significance

The Doctrine of the Separation of Powers and Its Presentday Significance Book
Author : Arthur T. Vanderbilt
Publisher : Unknown
Release : 1963
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download The Doctrine of the Separation of Powers and Its Presentday Significance book written by Arthur T. Vanderbilt, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

The New Separation of Powers

The New Separation of Powers Book
Author : Eoin Carolan
Publisher : Oxford University Press on Demand
Release : 2009-10-08
ISBN : 0199568677
Language : En, Es, Fr & De

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Book Description :

This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.

Separation of Power

Separation of Power Book
Author : Vince Flynn
Publisher : Simon and Schuster
Release : 2002-01-22
ISBN : 0743449223
Language : En, Es, Fr & De

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Book Description :

The #1 New York Times bestselling author of the electrifying Mitch Rapp series “knows how deliver action in his novels” (St. Paul Pioneer Press) and does so again with this thrilling follow-up to The Third Option. The confirmation of Dr. Irene Kennedy as the CIA’s new director explodes into chaos as a deadly inside plot to destroy her and prematurely end the president’s term emerges. Meanwhile, a dangerous world leader gains power in the nuclear arms race, leading Israel to force the president’s hand with a chilling ultimatum. With the specter of World War III looming, the president calls on top counterterrorism operative Mitch Rapp, but with only two weeks to take out the nukes, Rapp is up against a ticking clock—and impossible odds.

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.

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.

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.

Separating Power

Separating Power Book
Author : Gerhard Casper
Publisher : Unknown
Release : 1997
ISBN : 0987650XXX
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.

Strong Constitutions

Strong Constitutions Book
Author : Maxwell A. Cameron
Publisher : Oxford University Press
Release : 2015-03-01
ISBN : 0190235225
Language : En, Es, Fr & De

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Book Description :

The separation of powers is an idea with ancient origins, but nowadays it is largely relegated to legal doctrine, public philosophy, or the history of ideas. Yet the concept is often evoked in debates on the 'war' on terrorism, the use of emergency powers, or constitutional reform. Strong Constitutions boldly places the separation of powers on a social scientific footing, arguing that it emerged with the spread of literacy, became central to constitutional thought after the Gutenberg revolution, and faces unprecedented challenges in our current era of electronic communication. Constitutional states use texts to coordinate collective action, and they do so by creating governmental agencies with specific jurisdiction and competence over distinct types of power. Among them are the power to make decisions backed by legally sanctioned coercion; the deliberative power to make procedurally legitimate laws; and the judicial power to interpret and apply laws in particular circumstances. The division of government into three such branches enables state officials and citizens to use written texts-legal codes and documents, including constitutions-along with unwritten rules and conventions to coordinate their activities on larger scales and over longer time horizons. Cameron argues that constitutional states are not weaker because their powers are separated. They are generally stronger because they solve collective action problems rooted in speech and communication. The book is a must read for anyone interested in the separation of powers, its origin, evolution, and consequences.

Congress s Constitution

Congress s Constitution Book
Author : Josh Chafetz
Publisher : Unknown
Release : 2019-08-06
ISBN : 9780300248333
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-à-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.

How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System

How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System Book
Author : Wondwossen Mengistu
Publisher : GRIN Verlag
Release : 2018-02-02
ISBN : 3668629056
Language : En, Es, Fr & De

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Book Description :

Academic Paper from the year 2017 in the subject Politics - International Politics - General and Theories, grade: A, Ethiopian Civil Service University (law and federalism), course: survey of constitutional system, language: English, abstract: The principle of separation of power is one of the oldest constitutional principles in most of the world countries. It refers to the idea that the major institutions of state should be functionally independent and that no individual should have powers that span these offices. The principal institutions are usually taken to be the executive, the legislature and the judiciary. In early accounts, such as Montesquieu’s “The Spirit of the Laws”, the separation of powers is intended to guard against tyranny and preserve liberty. It was held that the major institutions should be divided and dependent upon each other so that one power would not be able to exceed that of the other two. As mentioned earlier most countries of the world both presidential and parliamentary form of government incorporated this doctrine in their constitutions with a certain degree of disparity. American Presidential system with strict separation among the three branches of government, the oldest constitution in the world dating 227 years. On the other hand, all parliamentary systems of government including Ethiopia apply the principle with a certain fusion of power mainly among the executive and legislative organs of government. Cognizant of the above fact as background knowledge, this paper tries to explore American presidential system versus Ethiopian parliamentary system of government based on the original doctrine of montesques separation of power. Thus it is organized in to three parts. The first part deals with the original doctrine of separation of power and its goal. The second part briefly discuss and evaluates the extent to which 1) the executive and legislature; 2) the executive and judiciary; and 3) the judiciary and legislature now overlap and interact in the united state of American presidential and Ethiopian parliamentary system of governments. Last but not the least deals with modifications made by the Americans to the original principle.

Some Aspects of Separation of Powers

Some Aspects of Separation of Powers Book
Author : Edward Hirsch Levi
Publisher : Unknown
Release : 1975
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download Some Aspects of Separation of Powers book written by Edward Hirsch Levi, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

The Separation of Powers and Legislative Interference in Judicial Process

The Separation of Powers and Legislative Interference in Judicial Process Book
Author : Peter Gerangelos
Publisher : Bloomsbury Publishing
Release : 2009-04-10
ISBN : 1847315003
Language : En, Es, Fr & De

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Book Description :

This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).

Contemporary Perspectives on the Constitution and Separation of Powers

Contemporary Perspectives on the Constitution and Separation of Powers Book
Author : Anonim
Publisher : Unknown
Release : 1990
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

A collection of essays designed to provide educators and other interested individuals with contemporary perspectives on the U.S. Constitution and separation of powers is presented. Separation of powers refers to one of the enduring principles of the U.S. constitutional system of government, in which governmental powers are subject to a division of labor in terms of function. The following essays are included: Origins of Separation of Powers and Mixed Government (Murray Dry); The Separation of Powers in Colonial and Early National Experience (Donald S. Lutz); Origins of Separation of Powers and the Judiciary (James R. Stoner, Jr.); Separation of Powers, Judicial Law Making and the Preservation of Freedom (Robert Peck); Separation of Powers and the Power of the Purse (Kate Stith); Separation of Powers and Current Relations between Congress and the President (Robert A. Strong); Checks and Balances: Adjusting the Constitution to Meet Modern Circumstances (Donald Robinson); The Framers' View of Executive Power (Daniel Troy); The Dynamics of Constitutional Decision Making: The Real Picture (Louis Fisher); Sentencing Commission Tests Separation of Powers--and Passes (John R. Steer); Tough Times for Separation of Powers (Patrick McGuigan); and The FCC and the Need for Independent Agencies (Stephen Sharp). (DB)

The Separation of Powers Doctrine

The Separation of Powers Doctrine Book
Author : T. J. Halstead,Michael C. Packard
Publisher : Nova Science Pub Incorporated
Release : 2002
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

This book discusses the philosophical underpinnings, constitutional provisions, and judicial application of the separation of powers doctrine. In the United States, the doctrine has evolved to ensure that there are three branches of government, each with its own function and each with an equal amount of power. This allows each branch, executive, legislative, and judicial to work efficiently and prevents the excessive accumulation of power by any single branch through a system of checks and balances. This book presents an overview of the rationale of the doctrine along with its application.

Separation of Powers and Legislative Organization

Separation of Powers and Legislative Organization Book
Author : Gisela Sin
Publisher : Unknown
Release : 2015
ISBN : 9781316055366
Language : En, Es, Fr & De

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Book Description :

"This book examines how the constitutional requirements of the lawmaking process, combined with the factional divisions within parties, affect U.S. representatives' decisions about how to distribute power among themselves. The incorporation of the presidential, senatorial, and House factions in the analysis of House rule making marks an important departure from previous theories, which analyze the House as an institution that makes laws in isolation. This book argues that, by constitutional design, the success of the House in passing legislation is highly contingent on the actions of the Senate and the president; and therefore, also by constitutional design, House members must anticipate such actions when they design their rules. An examination of major rule changes from 1879 to 2013 finds that changes in the preferences of constitutional actors outside the House, as well as the political alignment of these political actors vis-a-vis House factions, are crucial for predicting the timing and directionality of rule changes"--