The Evolution Of The Separation Of Powers

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 : 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 : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.57/5 ( 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 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : William Bondy
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 188636365X
Total Pages : 186 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Separation of Governmental Powers in History, in Theory, and in the Constitutions written by William Bondy and published by The Lawbook Exchange, Ltd.. This book was released on 1998 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Charles de Secondat baron de Montesquieu
Publisher :
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.33/5 ( download)

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Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1900 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Francis Walker
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.46/5 ( download)

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Download or read book The Separation of Governmental Powers written by Francis Walker and published by . This book was released on 1895 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Maxwell A. Cameron
Publisher : Oxford University Press
ISBN 13 : 0190235225
Total Pages : 270 pages
Book Rating : 4.22/5 ( download)

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Download or read book Strong Constitutions written by Maxwell A. Cameron and published by Oxford University Press. This book was released on 2015-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0191077925
Total Pages : 500 pages
Book Rating : 4.20/5 ( download)

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Download or read book Separation of Powers in African Constitutionalism written by Charles M. Fombad and published by Oxford University Press. This book was released on 2016-03-03 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

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: