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The Rule of Law and the Separation of Powers

By Richard Bellamy
  • ISBN Code: : 135154070X
  • Publisher : Routledge
  • Pages : 600
  • Category : History
  • Reads : 165
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : the-rule-of-law-and-the-separation-of-powers.pdf

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.

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Book Short Summary:

How access to resources and policymaking powers determines the balance of power between the legislative and executive branches The specter of unbridled executive power looms large in the American political imagination. Are checks and balances enough to constrain ambitious executives? Checks in the Balance presents a new theory of separation of powers that brings legislative capacity to the fore, explaining why Congress and state legislatures must possess both the opportunities and the means to constrain presidents and governors—and why, without these tools, executive power will prevail. Alexander Bolton and Sharece Thrower reveal how legislative capacity—which they conceive of as the combination of a legislature’s resources and policymaking powers—is the key to preventing the accumulation of power in the hands of an encroaching executive. They show how low-capacity legislatures face difficulties checking the executive through mechanisms such as discretion and oversight, and how presidents and governors unilaterally bypass such legislative adversaries to impose their will. When legislative capacity is high, however, the legislative branch can effectively stifle executives. Bolton and Thrower draw on a wealth of historical evidence on congressional capacity, oversight, discretion, and presidential unilateralism. They also examine thousands of gubernatorial executive orders, demonstrating how varying capacity in the states affects governors’ power. Checks in the Balance affirms the centrality of legislatures in tempering executive power—and sheds vital new light on how and why they fail.

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  • Pdf File: politics-and-administration.pdf

Book Short Summary:

The conventional model for explaining the uniqueness of American democracy is its division between executive, legislative, and judicial functions. It was the great contribution of Frank J. Goodnow to codify a less obvious, but no less profound element: the distinction between politics and policies, principles and operations. He showed how the United States went beyond a nation based on government by gentlemen and then one based on the spoils system brought about by the Jacksonian revolt against the Eastern Establishment, into a government that separated political officials from civil administrators. Goodnow contends that the civil service reformers persuasively argued that the separation of administration from politics, far from destroying the democratic links with the people, actually served to enhance democracy. While John Rohr, in his outstanding new introduction carefully notes loopholes in the theoretical scaffold of Goodnow's argument, he is also careful to express his appreciation of the pragmatic ground for this new sense of government as needing a partnership of the elected and the appointed. Goodnow was profoundly influenced by European currents, especially the Hegelian. As a result, the work aims at a political philosophy meant to move considerably beyond the purely pragmatic needs of government. For it was the relationships, the need for national unity in a country that was devised to account for and accommodate pluralism and diversity, that attracted Goodnow's legal background and normative impulses alike. That issues of legitimacy and power distribution were never entirely resolved by Goodnow does not alter the fact that this is perhaps the most important work, along with that of James Bryce, to emerge from this formative period to connect processes of governance with systems of democracy.

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  • Pdf File: black-sun.pdf

Book Short Summary:

From the New York Times bestselling author of Star Wars: Resistance Reborn comes the “engrossing and vibrant” (Tochi Onyebuchi, author of Riot Baby) first book in the Between Earth and Sky trilogy inspired by the civilizations of the Pre-Columbian Americas and woven into a tale of celestial prophecies, political intrigue, and forbidden magic. A god will return When the earth and sky converge Under the black sun In the holy city of Tova, the winter solstice is usually a time for celebration and renewal, but this year it coincides with a solar eclipse, a rare celestial even proscribed by the Sun Priest as an unbalancing of the world. Meanwhile, a ship launches from a distant city bound for Tova and set to arrive on the solstice. The captain of the ship, Xiala, is a disgraced Teek whose song can calm the waters around her as easily as it can warp a man’s mind. Her ship carries one passenger. Described as harmless, the passenger, Serapio is a young man, blind, scarred, and cloaked in destiny. As Xiala well knows, when a man is described as harmless, he usually ends up being a villain. Crafted with unforgettable characters, Rebecca Roanhorse has created a “brilliant world that shows the full panoply of human grace and depravity” (Ken Liu, award-winning author of The Grace of Kings). This epic adventure explores the decadence of power amidst the weight of history and the struggle of individuals swimming against the confines of society and their broken pasts in this “absolutely tremendous” (S.A. Chakraborty, nationally bestselling author of The City of Brass) and most original series debut of the decade.

Restoring the Global Judiciary

By Martin S. Flaherty
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Princeton University Press
  • Book Code : 069118612X
  • Total of Pages : 344
  • Category : Political Science
  • Members : 204
  • Pdf File: restoring-the-global-judiciary.pdf

Book Short Summary:

Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Separation of Powers in African Constitutionalism

By Charles M. Fombad
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0191077925
  • Total of Pages : 500
  • Category : Law
  • Members : 813
  • Pdf File: separation-of-powers-in-african-constitutionalism.pdf

Book Short Summary:

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

The Politics of Shared Power

By Louis Fisher
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Texas A&M University Press
  • Book Code : 9780890968215
  • Total of Pages : 309
  • Category : Political Science
  • Members : 655
  • Pdf File: the-politics-of-shared-power.pdf

Book Short Summary:

As Congress and the president battle out the federal deficit, foreign involvements, health care, and other policies of grave national import, the underlying constitutional issue is always the separation of powers doctrine. In The Politics of Shared Power, a classic text in the field of executive-legislative relations, Louis Fisher explains clearly and perceptively the points at which congressional and presidential interests converge and diverge, the institutional patterns that persist from one administration and one Congress to another, and the partisan dimensions resulting from the two-party system. Fisher also discusses the role of the courts in reviewing cases brought to them by members of Congress, the president, agency heads, and political activists, illustrating how court decisions affect the allocation of federal funds and the development and implementation of public policy. He examines how the president participates as legislator and how Congress intervenes in administrative matters. Separate chapters on the bureaucracy, the independent regulatory commissions, and the budgetary process probe these questions from different angles. The new fourth edition addresses the line item veto and its tortuous history and prospects. A chapter on war powers and foreign affairs studies executive-legislative disputes that affect global relations, including the Iran-Contra affair, the Persian Gulf War in 1991, and American presence in conflicts such as Haiti and Bosnia. An important new discussion focuses on interbranch collisions and gridlock as they have developed since 1992.

Common Law & Natural Rights

By Ruben Alvarado
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : WordBridge Publishing
  • Book Code : 9076660085
  • Total of Pages : 160
  • Category : Law
  • Members : 616
  • Pdf File: common-law-natural-rights.pdf

Book Short Summary:

Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

Law, Liberty, and the Rule of Law

By Imer B. Flores,Kenneth E. Himma
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Book Code : 9400747438
  • Total of Pages : 190
  • Category : Philosophy
  • Members : 587
  • Pdf File: law-liberty-and-the-rule-of-law.pdf

Book Short Summary:

In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

The Executive Unbound

By Eric A. Posner,Adrian Vermeule
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0199830460
  • Total of Pages : 256
  • Category : Law
  • Members : 637
  • Pdf File: the-executive-unbound.pdf

Book Short Summary:

Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.

Constitutionalism and the Role of Parliaments

By Katja S Ziegler,Denis Baranger,Anthony W Bradley
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1847313639
  • Total of Pages : 284
  • Category : Law
  • Members : 479
  • Pdf File: constitutionalism-and-the-role-of-parliaments.pdf

Book Short Summary:

Modern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.

Congressional Government

By Woodrow Wilson
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Transaction Publishers
  • Book Code : 1412820170
  • Total of Pages : 344
  • Category : Political Science
  • Members : 461
  • Pdf File: congressional-government.pdf

Book Short Summary:

A study of congressional government, written by Woodrow Wilson as a student. It covers: the need for a federal constitution; the functions of the House of Representatives; taxation and financial administration; the Senate's role in the legislative process; the electoral system; and more.

Executive Orders

By Marcia Amidon Lusted
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Greenhaven Publishing LLC
  • Book Code : 1534503064
  • Total of Pages : 200
  • Category : Young Adult Nonfiction
  • Members : 692
  • Pdf File: executive-orders.pdf

Book Short Summary:

How much power should the president of the United States possess? This is the key question defining the debate over executive orders. While executive orders have played an important role in key policy changes throughout the United States' history, they can also be perceived as an abuse of power that allows the president to make important decisions without Congress's consent. Through the viewpoints included in this volume, readers will come to better understand what an executive order is and explore the key arguments for and against its usage.