Genre : Law
Publisher : Stanford University Press
ISBN_10 : 9780804750271
Copyright Year : 2004
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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.

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Genre : Law
Publisher : Routledge
ISBN_10 : 9781351540704
Copyright Year : 2017-07-05
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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.

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Genre : History
Publisher : Liberty Fund Inc.
ISBN_10 : STANFORD:36105060430381
Copyright Year : 1998
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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. M. J. C. 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.

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Genre : Political Science
Publisher : Lexington Books
ISBN_10 : 9781498523356
Copyright Year : 2016-12-13
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The principle of the separation of powers has been subject to much recent controversy. This book criticizes the various challenges raised by legal, political, public policy, and management theorists. It revisits the classic normative background of the principle and offers a novel justification of it, grounding it in analytical political theory.

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Genre : Political Science
Publisher : American Enterprise Institute
ISBN_10 : 0844736074
Copyright Year : 1986
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Does the separation of powers still work?

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📒 Separation Of Power by Vince Flynn

Genre : Fiction
Publisher : Simon and Schuster
ISBN_10 : 9780743449229
Copyright Year : 2002-01-22
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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).

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📒 Separation Of Powers Law by Peter M. Shane

Genre : Law
Publisher : Springer
ISBN_10 : UOM:39015061421569
Copyright Year : 2005-01-01
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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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Genre : Law
Publisher : Cambridge University Press
ISBN_10 : 9781139494298
Copyright Year : 2010-12-02
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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.

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Genre : Law
Publisher : Oxford University Press on Demand
ISBN_10 : 9780199568673
Copyright Year : 2009-10-08
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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.

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📒 Separation Of Powers Hearings Held On July 19 And 20 August 2 And September 13 And 15 1967 by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers

Genre : Separation of powers
Publisher :
ISBN_10 : UIUC:30112104082380
Copyright Year : 1967
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