Separation of Powers in Practice

Separation of Powers in Practice
Title Separation of Powers in Practice PDF eBook
Author Thomas Campbell
Publisher Stanford University Press
Pages 248
Release 2004
Genre Law
ISBN 0804750270

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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 Spirit of Laws

The Spirit of Laws
Title The Spirit of Laws PDF eBook
Author Charles de Secondat baron de Montesquieu
Publisher
Pages 492
Release 1886
Genre Jurisprudence
ISBN

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New Challenges to the Separation of Powers

New Challenges to the Separation of Powers
Title New Challenges to the Separation of Powers PDF eBook
Author Antonia Baraggia
Publisher Edward Elgar Publishing
Pages 272
Release 2020-11-27
Genre Law
ISBN 1788975278

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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.

The Power of Separation

The Power of Separation
Title The Power of Separation PDF eBook
Author Jessica Korn
Publisher Princeton University Press
Pages 196
Release 1998-03-29
Genre Law
ISBN 9780691058566

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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 Power

Separation of Power
Title Separation of Power PDF eBook
Author Vince Flynn
Publisher Simon and Schuster
Pages 544
Release 2009-06-30
Genre Fiction
ISBN 1439135738

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With a new CIA director and chaos and devastation looming in the Middle East, counterterrorism operative Mitch Rapp is called into action.

Separation of Powers--does it Still Work?

Separation of Powers--does it Still Work?
Title Separation of Powers--does it Still Work? PDF eBook
Author Robert A. Goldwin
Publisher American Enterprise Institute Press
Pages 214
Release 1986
Genre Political Science
ISBN

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The Rule of Law and the Separation of Powers

The Rule of Law and the Separation of Powers
Title The Rule of Law and the Separation of Powers PDF eBook
Author Richard Bellamy
Publisher Routledge
Pages 1096
Release 2017-07-05
Genre History
ISBN 1351540696

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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.