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The Rule Of Law And The Separation Of Powers

The Rule of Law and the Separation of Powers PDF
Author: Richard Bellamy
Publisher: Routledge
ISBN: 1351540696
Size: 74.58 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 600
View: 1189

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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.

Separation Of Powers Law

Separation of Powers Law PDF
Author: Peter M. Shane
Publisher: Springer
ISBN:
Size: 49.56 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 1176
View: 3799

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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.

Der Geist Der Gesetze

   Der    Geist der Gesetze PDF
Author: Charles Louis de Secondat “de” Montesquieu
Publisher:
ISBN:
Size: 60.22 MB
Format: PDF, Docs
Category :
Languages : de
Pages : 125
View: 7777

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The Separation Of Governmental Powers In History In Theory And In The Constitutions

The Separation of Governmental Powers in History  in Theory  and in the Constitutions PDF
Author: William Bondy
Publisher: The Lawbook Exchange, Ltd.
ISBN: 188636365X
Size: 25.21 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 185
View: 2148

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Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994. ISBN 1-886363-65-X. Cloth. $65. * Examines theories relating to the powers of the court and the legislature and the separation and balance of the two. Originally published as v.5, no. 2 in Columbia's series, Studies in history, economics and public law.

New Challenges To The Separation Of Powers

New Challenges to the Separation of Powers PDF
Author: Antonia Baraggia
Publisher: Edward Elgar Publishing
ISBN: 1788975278
Size: 79.55 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 272
View: 2226

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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 New Separation Of Powers

The New Separation of Powers PDF
Author: Eoin Carolan
Publisher: Oxford University Press on Demand
ISBN: 0199568677
Size: 40.83 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 286
View: 383

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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.

Separating Powers International Law Before National Courts

Separating Powers  International Law before National Courts PDF
Author: David Haljan
Publisher: Springer Science & Business Media
ISBN: 9067048585
Size: 59.63 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 326
View: 1587

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The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Separation Of Powers In Theory And Practice

Separation of Powers in Theory and Practice PDF
Author: L. E. de Groot-van Leeuwen
Publisher: Wolf Legal Publications
ISBN: 9789058504944
Size: 70.56 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 252
View: 4954

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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.

Separation Of Powers In Practice

Separation of Powers in Practice PDF
Author: Thomas Campbell
Publisher: Stanford University Press
ISBN: 0804750270
Size: 30.19 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 235
View: 3131

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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 Russian Model Of Separation Of Powers Constitutional Grounds And Practical Realization

The Russian Model of Separation of Powers  Constitutional Grounds and Practical Realization PDF
Author: Florian Hertle
Publisher:
ISBN: 9783346172112
Size: 18.49 MB
Format: PDF, ePub, Mobi
Category :
Languages : en
Pages : 16
View: 7683

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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.

Constitutionalism And The Separation Of Powers

Constitutionalism and the Separation of Powers PDF
Author: M. J. C. Vile
Publisher:
ISBN:
Size: 72.66 MB
Format: PDF, Kindle
Category : History
Languages : en
Pages : 455
View: 3866

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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.

The Three Branches

The Three Branches PDF
Author: Christoph Möllers
Publisher: Oxford University Press
ISBN: 0199602115
Size: 30.79 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 263
View: 2665

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The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.

Constitutionalism Human Rights Separation Of Powers

Constitutionalism   Human Rights   Separation of Powers PDF
Author: G. M. Pikis
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152415
Size: 17.37 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 164
View: 2430

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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.

Balance Of Forces

Balance of Forces PDF
Author: Harold H. Bruff
Publisher:
ISBN:
Size: 49.22 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 526
View: 5894

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