separation of power

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Constitutionalism And The Separation Of Powers

Author : M. J. C. Vile
ISBN : UOM:39015003765925
Genre : Law
File Size : 23. 7 MB
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Separation Of Powers In Practice

Author : Thomas Campbell
ISBN : 9780804750271
Genre : Law
File Size : 69. 96 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.

Separation Of Powers Does It Still Work

Author : Robert A. Goldwin
ISBN : 0844736074
Genre : Political Science
File Size : 70. 92 MB
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Does the separation of powers still work?

Separation Of Power

Author : Vince Flynn
ISBN : 9781439135730
Genre : Fiction
File Size : 55. 78 MB
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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.

The Separation Of Powers In The Contemporary Constitution

Author : Roger Masterman
ISBN : 9781139494298
Genre : Law
File Size : 28. 82 MB
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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.

The Separation Of Powers And Legislative Interference In Judicial Process

Author : Peter Gerangelos
ISBN : 9781847315007
Genre : Law
File Size : 30. 96 MB
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This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).

The Rule Of Law And The Separation Of Powers

Author : Richard Bellamy
ISBN : 9781351540698
Genre : Law
File Size : 35. 20 MB
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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.

Constitutionalism Human Rights Separation Of Powers

Author : G. M. Pikis
ISBN : 9789004152410
Genre : Law
File Size : 47. 74 MB
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The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.

The U S Constitution And The Separation Of Powers

Author : Brian Duignan
ISBN : 9781538301746
Genre : Young Adult Nonfiction
File Size : 38. 82 MB
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Putting the three branches into historical context is important for understanding them, but equally important is illuminating the testing ground for their formation and solidification as current rules and regulations. Governments are fluid entities, and even written documents can be amended and changed out of careful consideration, observation, and sometimes necessity. More closely than the rest of the books in this series, this text shines a light on previous, documented changes to the written record underpinning the U.S. government, the U.S. Constitution, and how they came to be made.

Separation Of Powers Law

Author : Peter M. Shane
ISBN : UOM:39015061421569
Genre : Law
File Size : 54. 58 MB
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Presidential impeachment, Bush v. Gore, the authorization for military tribunals to try American civilians for criminal offenses, executive privilege squabbles with courts and Congress, the rise and fall of the line-item veto — it is impossible to overstate the significance of the inter-branch confrontations that have promised to revolutionize separation of powers understandings since the mid-1990s.In Separation of Powers Law, Second Edition, Professors (and former law deans) Shane and Bruff have updated their treatment of this critical area to encompass these and other dramatic issues, such as the impact of 9/11 on the law of electronics surveillance and the capacity of the executive branch to withhold sensitive information on national policy grounds. The books retains its clear structure and historical perspective, plus an emphasis on the ethical challenges posed for constitutional lawyers in the executive and legislative branches seeking to address novel constitutional issues in professionally appropriate ways.The authors continue to introdcue key episodes not only through judicial decisions, but also through administrative orders and memoranda, opinions of the Attorney General and the Office of Legal Counsel, and legislative documents, presenting a broad spectrum of the kinds of legal materials that government lawyers actually consult.

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