Separation of Power and Legislative Institutions

Separation of Power and Legislative Institutions
Author: Gisela L. Sin Silva
Publsiher: Unknown
Total Pages: 135
Release: 2007
ISBN: 1928374650XXX
Category: Electronic Book
Language: EN, FR, DE, ES & NL

Separation of Power and Legislative Institutions Book Excerpt:

The Evolution of the Separation of Powers

The Evolution of the Separation of Powers
Author: David Bilchitz
Publsiher: Edward Elgar Publishing
Total Pages: 288
Release: 2018-05-25
ISBN: 9781785369766
Category: Electronic Book
Language: EN, FR, DE, ES & NL

The Evolution of the Separation of Powers Book Excerpt:

To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? New constitutions often include newer forms of rights - such as socio-economic and environmental rights - and are written with an explicitly transformative purpose. 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. By engaging widespread comparative experiences from Malawi, to Colombia, Mexico to South Africa, Hungary to the United States of America, this examination of the doctrine of the separation of powers takes into account important recent changes in constitutional design and practice, including the wide-spread inclusion of socio-economic rights, the creation of independent bodies outside the traditional structure, the growth of executive power, and the crisis of legislative legitimacy. It also considers the extent to which this re-framing should be confined to the emerging democracies of the global south or whether it can be applied more widely across all constitutional systems. This comprehensive study will be of interest to academics conducting research in comparative constitutional law, students of comparative constitutional law, and constitutional and political theorists as well as constitutional judges and designers.

Congress and the Separation of Powers

Congress and the Separation of Powers
Author: John L. FitzGerald
Publsiher: New York : Praeger
Total Pages: 165
Release: 1986
ISBN: 1928374650XXX
Category: Administrative procedure
Language: EN, FR, DE, ES & NL

Congress and the Separation of Powers Book Excerpt:

This volume illustrates the problems which arise when Congress confers undue discretion upon administrators of government agencies. The author traces the constitutional history relating to legislative and executive powers and discusses the leading decisions of the Supreme Court. He reviews the path of a legislative proposal from its original draft by the Administration through its process in Congress and offers practical recommendations to improve this process and replace indefinite statutory delegations of power with precise legislative policy and guidelines. The volume points the way toward providing standards for the regulation of federal administrative agencies, a definite frame of reference for the courts, and effective overview by Congress.

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers
Author: M. J. C. Vile
Publsiher: Unknown
Total Pages: 455
Release: 1998
ISBN: 1928374650XXX
Category: History
Language: EN, FR, DE, ES & NL

Constitutionalism and the Separation of Powers 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.

Separation of Power

Separation of Power
Author: Vince Flynn
Publsiher: Simon and Schuster
Total Pages: 544
Release: 2009-06-30
ISBN: 1439135738
Category: Fiction
Language: EN, FR, DE, ES & NL

Separation of Power Book Excerpt:

With CIA director Thomas Stansfield dead, his protege, Dr. Irene Kennedy, is poised to take over the reins of the agency, while CIA operative Mitch Rapp heads to the Middle East to try to stop the chaos that could ignite World War III. Reprint.

Separation of Powers

Separation of Powers
Author: Enrique M. Fernando
Publsiher: Unknown
Total Pages: 454
Release: 1985
ISBN: 1928374650XXX
Category: Constitutional law
Language: EN, FR, DE, ES & NL

Separation of Powers Book Excerpt:

Separation of Powers does it Still Work

Separation of Powers  does it Still Work
Author: Robert A. Goldwin,Art Kaufman
Publsiher: Aei Press
Total Pages: 214
Release: 1986
ISBN: 1928374650XXX
Category: Political Science
Language: EN, FR, DE, ES & NL

Separation of Powers does it Still Work Book Excerpt:

The Electional Process and the Separation of Powers

The Electional Process and the Separation of Powers
Author: Dennis DeWitt Brane
Publsiher: Unknown
Total Pages: 49
Release: 1939
ISBN: 1928374650XXX
Category: Elections
Language: EN, FR, DE, ES & NL

The Electional Process and the Separation of Powers Book Excerpt:

The Rule of Law and the Separation of Powers

The Rule of Law and the Separation of Powers
Author: Richard Bellamy
Publsiher: Routledge
Total Pages: 743
Release: 2017-07-05
ISBN: 1351540696
Category: History
Language: EN, FR, DE, ES & NL

The Rule of Law and the Separation of Powers 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.

The Rule of Law and the Separation of Powers

The Rule of Law and the Separation of Powers
Author: Richard Paul Bellamy
Publsiher: Dartmouth Publishing Company
Total Pages: 553
Release: 2005
ISBN: 9780754624639
Category: Law
Language: EN, FR, DE, ES & NL

The Rule of Law and the Separation of Powers Book Excerpt:

Different views of the respective powers of the legislature and the judiciary and the nature of their separation lie at the heart of debates regarding the rule of law. This text proposes a political view of the rule of law as arising from a balance of power within as well as between the legislature and courts.

The Doctrine of the Separation of Powers and Its Presentday Significance

The Doctrine of the Separation of Powers and Its Presentday Significance
Author: Arthur T. Vanderbilt
Publsiher: Unknown
Total Pages: 182
Release: 1963
ISBN: 1928374650XXX
Category: Separación de poderes
Language: EN, FR, DE, ES & NL

The Doctrine of the Separation of Powers and Its Presentday Significance Book Excerpt:

Federal Constitutional Law Introduction to the Federal Executive Power Separation of Powers Issues

Federal Constitutional Law  Introduction to the Federal Executive Power   Separation of Powers Issues
Author: Thomas H. Odom
Publsiher: LexisNexis
Total Pages: 321
Release: 2008-10-07
ISBN: 0327177489
Category: Law
Language: EN, FR, DE, ES & NL

Federal Constitutional Law Introduction to the Federal Executive Power Separation of Powers Issues Book Excerpt:

This book is the second volume in the Constitutional Law Modular Series. This modular approach to the material makes it possible for instructors to mix and match a suitable number of volumes for a course of varying length and focus. Coverage includes: • Powers inherent in the "Executive"; • Appointment and removal of officers; • Creation of "independent" agencies and officers; • Non-delegation doctrine; • Congressional control via legislative veto; and • The line-item veto.

Strong Constitutions

Strong Constitutions
Author: Maxwell A. Cameron
Publsiher: Oxford University Press
Total Pages: 270
Release: 2015-03
ISBN: 0190235225
Category: Law
Language: EN, FR, DE, ES & NL

Strong Constitutions 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.

The Russian model of separation of powers Constitutional grounds and practical realization

The Russian model of separation of powers  Constitutional grounds and practical realization
Author: Florian Hertle
Publsiher: GRIN Verlag
Total Pages: 10
Release: 2020-05-25
ISBN: 3346172104
Category: Law
Language: EN, FR, DE, ES & NL

The Russian model of separation of powers Constitutional grounds and practical realization Book Excerpt:

Essay from the year 2020 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: 2,0, , language: English, abstract: The constitution of the Russian Federation (CoRF) from 1993 states in Article 1 (1) that the Russian Federation is a democratic state. Therefore, it is interesting to analyze the realization of the separation of powers in Russia in two perspectives: in terms of the legal grounds and also concerning its practical realization. As the predecessor states of the Russian Federation weren’t democracies in the western sense of the term, this research can provide insights how the separation of powers principle is managed in a newly democratized state. Thus, the role of separation of powers in the Russian Federations predecessor states will be analyzed, before the constitutional norms concerning the separation of powers will be investigated. In addition, the practical handling of separation of powers in the Russian Federation will be discussed and it will be given a short conclusion.

Sri Lanka s Hybrid Presidential and Parliamentary System the Separation of Powers Doctrine

Sri Lanka s Hybrid Presidential and Parliamentary System   the Separation of Powers Doctrine
Author: Hareed Mohamed Zafrullah
Publsiher: Unknown
Total Pages: 178
Release: 1981
ISBN: 1928374650XXX
Category: Constitutional history
Language: EN, FR, DE, ES & NL

Sri Lanka s Hybrid Presidential and Parliamentary System the Separation of Powers Doctrine Book Excerpt:

Separation of Powers

Separation of Powers
Author: Jack Reader
Publsiher: The Rosen Publishing Group, Inc
Total Pages: 34
Release: 2017-12-15
ISBN: 1538327937
Category: Juvenile Nonfiction
Language: EN, FR, DE, ES & NL

Separation of Powers Book Excerpt:

When the Founding Fathers drew up the Constitution, they envisioned a system of government in which no single person had all the power. In this fact-filled book, readers will learn about the executive, legislative, and judicial branches of the U.S. government. Students will learn what each branch does and how they work together to keep our country running through a system of checks and balances. Primary sources enrich the text and bring history to life. Students will enjoy learning about this important early elementary social studies subject.

The Power of Separation

The Power of Separation
Author: Jessica Korn
Publsiher: Princeton University Press
Total Pages: 196
Release: 2020-10-06
ISBN: 0691219346
Category: Law
Language: EN, FR, DE, ES & NL

The Power of Separation Book Excerpt:

Jessica Korn challenges the notion that the eighteenth-century principles underlying the American separation of powers system are incompatible with the demands of twentieth-century governance. She demostrates the continuing relevance of these principles by questioning the dominant scholarship on the legislative veto. As a short-cut through constitutional procedure invented in the 1930s and invalidated by the Supreme Court's Chadha decision in 1983, the legislative veto has long been presumed to have been a powerful mechanism of congressional oversight. Korn's analysis, however, 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. The Framers also designed constitutional structure to empower the new national government, institutionalizing a division of labor among the three branches in order to enhance the government's capacity. By examining the legislative vetoes governing the FTC, the Department of Education, and the president's authority to extend most-favored-nation trade status, Korn demonstrates how the powers that the Constitution grants to Congress made the legislative veto short-cut inconsequential to policymaking. These case studies also show that Chadha enhanced Congress's capacity to pass substantive laws while making it easier for Congress to preserve important discretionary powers in the executive branch. Thus, in debunking the myth of the legislative veto, Korn restores an appreciation of the enduring vitality of the American constitutional order.

How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System

How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System
Author: Wondwossen Mengistu
Publsiher: GRIN Verlag
Total Pages: 14
Release: 2018-02-02
ISBN: 3668629056
Category: Political Science
Language: EN, FR, DE, ES & NL

How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System Book Excerpt:

Academic Paper from the year 2017 in the subject Politics - International Politics - General and Theories, grade: A, Ethiopian Civil Service University (law and federalism), course: survey of constitutional system, language: English, abstract: The principle of separation of power is one of the oldest constitutional principles in most of the world countries. It refers to the idea that the major institutions of state should be functionally independent and that no individual should have powers that span these offices. The principal institutions are usually taken to be the executive, the legislature and the judiciary. In early accounts, such as Montesquieu’s “The Spirit of the Laws”, the separation of powers is intended to guard against tyranny and preserve liberty. It was held that the major institutions should be divided and dependent upon each other so that one power would not be able to exceed that of the other two. As mentioned earlier most countries of the world both presidential and parliamentary form of government incorporated this doctrine in their constitutions with a certain degree of disparity. American Presidential system with strict separation among the three branches of government, the oldest constitution in the world dating 227 years. On the other hand, all parliamentary systems of government including Ethiopia apply the principle with a certain fusion of power mainly among the executive and legislative organs of government. Cognizant of the above fact as background knowledge, this paper tries to explore American presidential system versus Ethiopian parliamentary system of government based on the original doctrine of montesques separation of power. Thus it is organized in to three parts. The first part deals with the original doctrine of separation of power and its goal. The second part briefly discuss and evaluates the extent to which 1) the executive and legislature; 2) the executive and judiciary; and 3) the judiciary and legislature now overlap and interact in the united state of American presidential and Ethiopian parliamentary system of governments. Last but not the least deals with modifications made by the Americans to the original principle.

Conflict Power and the Landscape of Constitutionalism

Conflict  Power  and the Landscape of Constitutionalism
Author: Gilles Tarabout,Ranabir Samaddar
Publsiher: Taylor & Francis
Total Pages: 264
Release: 2020-11-30
ISBN: 1000084035
Category: Law
Language: EN, FR, DE, ES & NL

Conflict Power and the Landscape of Constitutionalism Book Excerpt:

The book seeks to critically examine the implication of a constitution of law for a political society. It presents a collection of essays that seek to investigate how power acts on power, how limits produce excess, how separation of powers produces the union of powers (sanctified by the very constitution that had guaranteed the division in the first place), and how the theory of separation is, at the same time, a myth and a reality. At the backdrop of the book, of course, is the theory that every good constitution rigorously separates the legislature, the executive, and the judiciary from one another to guarantee the independence of each of these powers, such that this separation results in life, liberty, and security. If a constitution, however, symbolises and produces power, precisely because it separates one site of power from another, it follows that it is power itself that is the limit of power. Constitutionalism as a political culture of laws, therefore, must explain the dynamics of power. The book addresses both constitutions and the societies in which they emerge. Many of the essays in this collection show how institutional practices originating from a legal text create a matrix of power that owes its life, neither to a contract between men, nor between the state and men, nor even between the society and men, but rather to relations established, organized, and formalized by laws. The collection is significant because it gives colonial and post-colonial experiences a justified place in studies of law and constitutionalism, for it shows that while Montesquieu, Kant, and Burke each in their own way were promoting the spirit of laws, a more significant history of law-making was being enacted in order to defend a particular rule, and a particular type of government on another side of the world. Based on comparative studies in several countries across three continents, the book centrally deals with issues of constitutionalism, politica

Congress s Constitution

Congress s Constitution
Author: Josh Chafetz
Publsiher: Unknown
Total Pages: 448
Release: 2019-08-06
ISBN: 9780300248333
Category: Law
Language: EN, FR, DE, ES & NL

Congress s Constitution Book Excerpt:

A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-à-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.