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Separation Of Powers In Practice

Author: Thomas Campbell
Publisher: Stanford University Press
ISBN: 0804750270
Size: 75.64 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.

Ber Die Revolution

Author: Hannah Arendt
Publisher: Piper ebooks
ISBN: 3492964451
Size: 16.24 MB
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Die globalen Veränderungen der letzten Jahrzehnte und das Ende des Kalten Krieges werfen ein neues Licht auf Hannah Arendts Schrift »Über die Revolution«. Arendt analysiert in dieser brillanten Studie eines der erstaunlichsten Phänomene des 20. Jahrhunderts: Ausgehend von der amerikanischen und der Französischen Revolution, untersucht sie die Ablösung des Krieges als Mittel der gewaltsamen Veränderung durch die Revolution.

Separation Of Powers In Theory And Practice

Author: L. E. de Groot-van Leeuwen
Publisher: Wolf Legal Publications
ISBN: 9789058504944
Size: 70.95 MB
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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

Author: David Bilchitz
Publisher: Edward Elgar Publishing
ISBN: 1785369776
Size: 63.70 MB
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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.

The New Separation Of Powers

Author: Eoin Carolan
Publisher: Oxford University Press on Demand
ISBN: 0199568677
Size: 26.41 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.

The Rise Of The Unelected

Author: Frank Vibert
Publisher: Cambridge University Press
ISBN: 9780521694148
Size: 25.89 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.