The Separation Of Powers In The Contemporary Constitution
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Author | : Roger Masterman |
Publisher | : Cambridge University Press |
Total Pages | : 297 |
Release | : 2010-12-02 |
Genre | : Law |
ISBN | : 1139494295 |
Download The Separation of Powers in the Contemporary Constitution Book in PDF, Epub and Kindle
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.
Author | : Antonia Baraggia |
Publisher | : Edward Elgar Publishing |
Total Pages | : 272 |
Release | : 2020-11-27 |
Genre | : Law |
ISBN | : 1788975278 |
Download New Challenges to the Separation of Powers Book in PDF, Epub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : 68 |
Release | : 1990 |
Genre | : Constitutional law |
ISBN | : |
Download Contemporary Perspectives on the Constitution and Separation of Powers Book in PDF, Epub and Kindle
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)
Author | : Charles de Secondat baron de Montesquieu |
Publisher | : |
Total Pages | : 492 |
Release | : 1886 |
Genre | : Jurisprudence |
ISBN | : |
Download The Spirit of Laws Book in PDF, Epub and Kindle
Author | : Joshua Aaron Chafetz |
Publisher | : Yale University Press |
Total Pages | : 449 |
Release | : 2017-01-01 |
Genre | : History |
ISBN | : 0300197101 |
Download Congress's Constitution Book in PDF, Epub and Kindle
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author | : William Bondy |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 186 |
Release | : 1998 |
Genre | : Separation of powers |
ISBN | : 188636365X |
Download The Separation of Governmental Powers in History, in Theory, and in the Constitutions Book in PDF, Epub and Kindle
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.
Author | : Richard Bellamy |
Publisher | : Routledge |
Total Pages | : 1096 |
Release | : 2017-07-05 |
Genre | : History |
ISBN | : 1351540696 |
Download The Rule of Law and the Separation of Powers Book in PDF, Epub and Kindle
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.
Author | : Thomas Campbell |
Publisher | : Stanford University Press |
Total Pages | : 248 |
Release | : 2004 |
Genre | : Law |
ISBN | : 0804750270 |
Download Separation of Powers in Practice Book in PDF, Epub and Kindle
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.
Author | : Robert A. Goldwin |
Publisher | : American Enterprise Institute Press |
Total Pages | : 214 |
Release | : 1986 |
Genre | : Political Science |
ISBN | : |
Download Separation of Powers--does it Still Work? Book in PDF, Epub and Kindle
Author | : Zoltán Balázs |
Publisher | : Lexington Books |
Total Pages | : 203 |
Release | : 2016-12-13 |
Genre | : Political Science |
ISBN | : 1498523358 |
Download The Principle of the Separation of Powers Book in PDF, Epub and Kindle
The separation of powers is one of the most cherished principles of constitutional government in the Western tradition. Despite its prestigious status, however, it has always been controversial. It has been attacked for being inadequate to account for institutional realities; for being inapplicable to parliamentary systems; for lacking a convincing normative grounding and even for being harmful, inasmuch as it hampers both the immediate enforcement of popular will and efficient political leadership. Current political crises all over the world, especially the rise of populist democracies and authoritarian regimes, however, make the principle worth a closer, more positive examination. This book takes stock of the criticisms of the principle of separation of powers and attempts to offer a new normative account of it. It argues that the separation of powers cannot be restricted to governmental institutions, agencies and decision-making procedures. Rather, it must be derived from the very basics of government, from the very notions of political order and articulated government and from the distinct though related concepts of social and governmental power and of authority. Once these distinctions are made, institutional separations are easier to be established. Contrary to the classical and most contemporary conceptions of the principle, the present account argues for a relational and negative conception of the separation of powers. The legislative branch in conceived of as the one where political authority, political power and social power are all equally represented. The executive branch is best understood as excluding social power whereas the judicial branch is marked for its opposition to the influence of political power. This conception avoids the pitfalls of essentialism and functionalism and makes the principle applicable in a much wider international context.