The Evolution Of The Separation Of Powers

Author : David Bilchitz
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 53,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781785369773

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The Evolution of the Separation of Powers by David Bilchitz Pdf

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 : Maxwell A. Cameron
Publisher : Oxford University Press
Page : 270 pages
File Size : 55,7 Mb
Release : 2015-03
Category : Law
ISBN : 9780190235222

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Strong Constitutions by Maxwell A. Cameron Pdf

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 : Antonia Baraggia,Cristina Fasone,Luca P. Vanoni
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 45,5 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781788975278

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New Challenges to the Separation of Powers by Antonia Baraggia,Cristina Fasone,Luca P. Vanoni Pdf

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 : Unknown
Page : 480 pages
File Size : 42,6 Mb
Release : 1998
Category : History
ISBN : STANFORD:36105060430381

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, 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 - when it was indispensable to the founders of the American republic - through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers - and with "A Model of a Theory of Constitutionalism."

Author : Charles de Secondat baron de Montesquieu
Publisher : Unknown
Page : 492 pages
File Size : 50,8 Mb
Release : 1886
Category : Jurisprudence
ISBN : UIUC:30112111571060

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The Spirit of Laws by Charles de Secondat baron de Montesquieu Pdf

Author : Edward Hirsch Levi
Publisher : Unknown
Page : 44 pages
File Size : 53,5 Mb
Release : 1975
Category : Constitutional law
ISBN : HARVARD:32044032008773

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Some Aspects of Separation of Powers by Edward Hirsch Levi Pdf

Author : William Bondy
Publisher : The Lawbook Exchange, Ltd.
Page : 186 pages
File Size : 53,8 Mb
Release : 1998
Category : Separation of powers
ISBN : 9781886363656

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The Separation of Governmental Powers in History, in Theory, and in the Constitutions by William Bondy Pdf

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.

Author : Charles M. Fombad
Publisher : Oxford University Press
Page : 500 pages
File Size : 44,6 Mb
Release : 2016-03-03
Category : Law
ISBN : 9780191077920

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Separation of Powers in African Constitutionalism by Charles M. Fombad Pdf

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.

Author : Robert A. Goldwin,Art Kaufman
Publisher : American Enterprise Institute Press
Page : 428 pages
File Size : 46,8 Mb
Release : 1986
Category : Political Science
ISBN : UCAL:B3965410

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Separation of Powers--does it Still Work? by Robert A. Goldwin,Art Kaufman Pdf

Author : Maxwell A. Cameron
Publisher : Oxford University Press
Page : 288 pages
File Size : 42,9 Mb
Release : 2013-06-01
Category : Political Science
ISBN : 9780199987450

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Strong Constitutions by Maxwell A. Cameron Pdf

The separation of powers is an idea with ancient origins, but nowadays it is often 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. So it is surprising that there have been few attempts to place the study of the separation of powers on a social scientific footing. To that end, this book makes a bold conjecture. It argues that the separation of powers emerged with the spread of literacy, became a central part of constitutional thought in the context of the Gutenberg revolution, and faces unprecedented challenges in our current era of electronic communication. The separation of powers is linked to social-cognitive changes associated with evolving media of communication. The essence of the argument is that 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. The first, and most familiar to students of political science since Max Weber, is the power to make decisions backed by legally sanctioned coercion. Cameron highlights two other forms of power: 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 divided. They are often 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 : Arthur T. Vanderbilt
Publisher : Unknown
Page : 170 pages
File Size : 40,8 Mb
Release : 1953
Category : Separation of powers
ISBN : UOM:39015003765933

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The Doctrine of the Separation of Powers and Its Present-day Significance by Arthur T. Vanderbilt Pdf

Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 50,8 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806

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The English Constitution by Walter Bagehot Pdf

There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

Author : Francis Walker,William Bondy
Publisher : Unknown
Page : 504 pages
File Size : 46,9 Mb
Release : 1895
Category : Double taxation
ISBN : MSU:31293100787146

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The Separation of Governmental Powers by Francis Walker,William Bondy Pdf

Author : Richard Bellamy
Publisher : Routledge
Page : 743 pages
File Size : 55,6 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351540698

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The Rule of Law and the Separation of Powers by Richard Bellamy Pdf

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 : Daniel D. Stid
Publisher : University Press of Kansas
Page : 248 pages
File Size : 44,6 Mb
Release : 2021-10-08
Category : Political Science
ISBN : 9780700631728

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The President as Statesman by Daniel D. Stid Pdf

A political scientist who went on to become president, Woodrow Wilson envisioned a "responsible government" in which a strong leader and principled party would integrate the separate executive and legislative powers. His ideal, however, was constantly challenged by political reality. Daniel Stid explores the evolution of Wilson's views on this form of government and his endeavors as a statesman to establish it in the United States. The author looks over Professor and then President Wilson's shoulder as he grappled with the constitutional separation of powers, demonstrating the importance of this effort for American political thought and history. Although Wilson is generally viewed as an unstinting and effective opponent of the separation of powers, the author reveals an ambivalent statesman who accommodated the Founders' logic. This book challenges both the traditional and revisionist views of Woodrow Wilson by documenting the moderation of his statesmanship and the resilience of the separation of powers. In doing so, it sheds new light on American political development from Wilson's day to our own. Throughout the twentieth century, political scientists and public officials have called for constitutional changes and political reforms that were originally proposed by Wilson. By reexamining the dilemmas presented by Wilson's program, Stid invites a reconsideration of both the expectations we place on the presidency and the possibilities of leadership in the Founders' system. The President as Statesman contributes significantly to ongoing debates over Wilson's legacy and raises important questions about the nature of presidential leadership at a time when this issue is at the forefront of public consciousness.