Separation Of Power

Author : Antonia Baraggia
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975278
Total Pages : 272 pages
Book Rating : 4.78/5 ( download)

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Download or read book New Challenges to the Separation of Powers written by Antonia Baraggia and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Robert A. Goldwin
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 214 pages
Book Rating : 4.81/5 ( download)

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Download or read book Separation of Powers--does it Still Work? written by Robert A. Goldwin and published by American Enterprise Institute Press. This book was released on 1986 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Zoltán Balázs
Publisher : Lexington Books
ISBN 13 : 1498523358
Total Pages : 202 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Principle of the Separation of Powers written by Zoltán Balázs and published by Lexington Books. This book was released on 2016-12-13 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : M. J. C. Vile
Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.81/5 ( download)

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Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

Author : Marcin Romanowski
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 :
Total Pages : 318 pages
Book Rating : 4./5 ( download)

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Download or read book Division of Power: Continuity and Change written by Marcin Romanowski and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The separation of powers doctrine is undoubtedly one of the key principles of contemporary constitutionalism. Despite this, it has not been framed into a single, homogeneous, and thus universal form. The abundance of approaches and nuances found in legal and political doctrine makes it an extremely labile and meandering concept, which can take on a variety of shapes. Its legislative articulation is by no means uniform, and thus reproducible, either. The separation of powers in constitutional law is therefore expressed in a broad array of formulas, sometimes explicitly, sometimes implicitly. In addition, it can take on a classic, almost model form, or it can be shaped in a significantly altered manner compared to what we used to call its model […] …the dispersion of ideas about what the separation of powers is, where it originates or how to best frame and apply it in legislation and practice does not deprive the separation of powers of the nature of a timeless general notion that underlies the very concept of the division of power. After all, the impulse to formulate the assumptions for the separation of powers was in each case triggered by the desire to eliminate the vesting of unlimited or excessive power in an individual or a narrow, oligarchised group. Therefore, its essence and also the main advantage is, first of all, protection against the despotism of power, which translates into the specific benefit of consolidation of institutional guarantees of civil rights and liberties through the attribution of individual power functions to different branches of government, and then their clear separation”. MARCIN ROMANOWSKI, Separation of Powers: Meanders of Doctrine and Legislation

Author : Thomas Campbell
Publisher : Stanford University Press
ISBN 13 : 0804750270
Total Pages : 248 pages
Book Rating : 4.71/5 ( download)

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Download or read book Separation of Powers in Practice written by Thomas Campbell and published by Stanford University Press. This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Roger Masterman
Publisher : Cambridge University Press
ISBN 13 : 1139494295
Total Pages : 297 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman and published by Cambridge University Press. This book was released on 2010-12-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : David Bilchitz
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369776
Total Pages : 288 pages
Book Rating : 4.73/5 ( download)

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Download or read book The Evolution of the Separation of Powers written by David Bilchitz and published by Edward Elgar Publishing. This book was released on 2018 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Richard Bellamy
Publisher : Routledge
ISBN 13 : 1351540696
Total Pages : 743 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Rule of Law and the Separation of Powers written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Christoph Möllers
Publisher : Oxford University Press
ISBN 13 : 0199602115
Total Pages : 275 pages
Book Rating : 4.17/5 ( download)

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Download or read book The Three Branches written by Christoph Möllers and published by Oxford University Press. This book was released on 2013-03-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.