Separation Of Power Download Ebook PDF Epub Online

Author : Richard Bellamy
Publisher : Routledge
Release : 2017-07-05
Page : 600
Category : Law
ISBN 13 : 1351540696
Description :


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.


Author : Antonia Baraggia
Cristina Fasone
Publisher : Edward Elgar Publishing
Release : 2020-11-27
Page : 272
Category : Law
ISBN 13 : 1788975278
Description :


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.


Author : M. J. C. Vile
Publisher :
Release : 1998
Page : 455
Category : History
ISBN 13 :
Description :


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.


Author : Charles de Secondat baron de Montesquieu
Publisher :
Release : 1800
Page :
Category :
ISBN 13 :
Description :



Author : Vince Flynn
Publisher : Pocket Books
Release : 2019-10-29
Page : 544
Category : Fiction
ISBN 13 : 1982121076
Description :


The #1 New York Times bestselling author of American Assassin—now a major motion picture—delivers “first-class political intrigue from a master storyteller” (Booklist) in this electrifying Mitch Rapp thriller. The confirmation of Dr. Irene Kennedy as the CIA’s new director explodes into chaos when it becomes clear there is a deadly inside plot to destroy her and prematurely end her term. Meanwhile, as a dangerous world leader gains power in the nuclear arms race, Israel forces the president’s hand with a chilling ultimatum. With the specter of World War III looming, the president calls on top counterterrorism operative Mitch Rapp, who scours the alleys of Baghdad and the avenues of Washington for America’s enemies. But with only two weeks to take out the nukes, Rapp is up against a ticking clock and impossible odds in this “sharply plotted thriller” (Publishers Weekly).


Author : Richard Bellamy
Publisher :
Release : 2017
Page : 600
Category :
ISBN 13 : 9781315085302
Description :


"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."--Provided by publisher.


Author : Robert A. Goldwin
Art Kaufman
Publisher : Aei Press
Release : 1986
Page : 193
Category : Political Science
ISBN 13 :
Description :



Author : Thomas Campbell
Publisher : Stanford University Press
Release : 2004
Page : 235
Category : Law
ISBN 13 : 0804750270
Description :


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.


Author : Vince Flynn
Publisher : Atria/Emily Bestler Books
Release : 2020-09-01
Page : 432
Category : Fiction
ISBN 13 : 1982147415
Description :


The #1 New York Times bestselling author of the electrifying Mitch Rapp series “knows how deliver action in his novels” (St. Paul Pioneer Press) and does so again with this thrilling follow-up to The Third Option. The confirmation of Dr. Irene Kennedy as the CIA’s new director explodes into chaos as a deadly inside plot to destroy her and prematurely end the president’s term emerges. Meanwhile, a dangerous world leader gains power in the nuclear arms race, leading Israel to force the president’s hand with a chilling ultimatum. With the specter of World War III looming, the president calls on top counterterrorism operative Mitch Rapp, but with only two weeks to take out the nukes, Rapp is up against a ticking clock—and impossible odds.


Author : David Bilchitz
Publisher : Edward Elgar Publishing
Release : 2018
Page : 288
Category :
ISBN 13 : 1785369776
Description :


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.


Author : William B. Gwyn
Publisher :
Release : 1965
Page : 159
Category : Separation of powers
ISBN 13 :
Description :



Author : Peter Oliver
Patrick Macklem
Publisher : Oxford University Press
Release : 2017-08-10
Page : 1088
Category : Law
ISBN 13 : 0190664835
Description :


The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.


Author : Eoin Carolan
Publisher : Oxford University Press on Demand
Release : 2009-10-08
Page : 286
Category : Law
ISBN 13 : 0199568677
Description :


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.


Author : L. E. de Groot-van Leeuwen
Wannes Rombouts
Publisher : Wolf Legal Publications
Release : 2010
Page : 252
Category : Law
ISBN 13 : 9789058504944
Description :


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.


Author : Florian Hertle
Publisher :
Release : 2020-05-20
Page : 16
Category :
ISBN 13 : 9783346172112
Description :


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.


Author : Josh Chafetz
Publisher :
Release : 2019-08-06
Page : 448
Category : Law
ISBN 13 : 9780300248333
Description :


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.


Author : Maxwell A. Cameron
Publisher : Oxford University Press
Release : 2015-03-01
Page : 255
Category : Political Science
ISBN 13 : 0190235225
Description :


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.


Author : Joshua Aaron Chafetz
Publisher : Yale University Press
Release : 2017-01-01
Page : 438
Category : Constitutional law
ISBN 13 : 0300197101
Description :


Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z


Author : Christoph Moellers
Publisher : OUP Oxford
Release : 2013-03-14
Page : 276
Category : Law
ISBN 13 : 0191651605
Description :


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.


Author : Wondwossen Mengistu
Publisher : GRIN Verlag
Release : 2018-02-02
Page : 14
Category : Political Science
ISBN 13 : 3668629056
Description :


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.