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Separation Of Powers In Practice

Author: Thomas Campbell
Publisher: Stanford University Press
ISBN: 0804750270
Size: 72.46 MB
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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.

The New Separation Of Powers

Author: Eoin Carolan
Publisher: Oxford University Press on Demand
ISBN: 0199568677
Size: 32.99 MB
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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.

Where Our Protection Lies

Author: Dimitrios Kyritsis
Publisher: Oxford University Press
ISBN: 0199672253
Size: 19.37 MB
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In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.

British Government And The Constitution

Author: Colin Turpin
Publisher: Cambridge University Press
ISBN: 9781139465366
Size: 79.70 MB
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The first five editions of this well established book were written by Colin Turpin. This new edition has been prepared jointly by Colin Turpin and Adam Tomkins. This edition sees a major restructuring of the material, as well as a complete updating. New developments such as the Constitutional Reform Act 2005 and recent case law concerning the sovereignty of Parliament, the Human Rights Act, counter-terrorism and protests against the Iraq War, among other matters, are extracted and analysed. While it includes extensive material and commentary on contemporary constitutional reform, Turpin and Tomkins is a book that covers the historical traditions and the continuity of the British constitution as well as the current tide of change. All the chapters contain detailed suggestions for further reading. Designed principally for law students the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law. As such it is essential reading also for politics and government students. Much of the material has been reworked and with its fresh design the book provides a detailed yet accessible account of the British constitution at a fascinating moment in its ongoing development.

The Administrative State

Author: Dwight Waldo
Publisher: Transaction Publishers
ISBN: 9781412816427
Size: 66.61 MB
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This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought. The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments. This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

The Rise Of The Unelected

Author: Frank Vibert
Publisher: Cambridge University Press
ISBN: 9780521694148
Size: 21.64 MB
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This book examines the challenge that unelected bodies such as economic regulators present to democracy, and argues that they should be seen as a new branch of government and held to account through a new separation of powers.

Constitutional Comparison

Author: F. Venter
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115102
Size: 21.82 MB
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In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

The Power Of Separation

Author: Jessica Korn
Publisher: Princeton University Press
ISBN: 9780691058566
Size: 56.29 MB
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Author Jessica Korn challenges the notion that the 18th-century principles underlying the American separation of powers system are incompatible with the demands of 20th-century governance by questioning the dominant scholarship on the legislative veto. Korn's analysis shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority.

Separation Of Powers In African Constitutionalism

Author: Charles M. Fombad
Publisher: Oxford University Press
ISBN: 0191077925
Size: 28.84 MB
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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.

Promoting Good Governance

Author: Sam Agere
Publisher: Commonwealth Secretariat
ISBN: 9780850926293
Size: 54.68 MB
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This book aims to show that a strong and achieving public service is a necessary condition for a competitively successful nation. The concept of good governance is linked with institutionalised values such as democracy, observance of human rights and greater effectiveness of the public sector.