The Separation Of Governmental Powers

Author : William Bondy
Publisher : The Lawbook Exchange, Ltd.
Page : 186 pages
File Size : 55,9 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 : William Bondy
Publisher : Unknown
Page : 202 pages
File Size : 52,8 Mb
Release : 1896
Category : Administrative law
ISBN : MINN:31951D004968512

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The Separation of Governmental Powers by William Bondy Pdf

Author : William Bondy
Publisher : Forgotten Books
Page : 194 pages
File Size : 46,6 Mb
Release : 2017-10-14
Category : Law
ISBN : 0265309344

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The Separation of Governmental Powers by William Bondy Pdf

Excerpt from The Separation of Governmental Powers: In History, in Theory, and in the Constitutions The tripartite division of the powers Of government escaped further serious notice until John Locke in his treatise on Civil Government declared that in every state there were three pow ers, the legislative, executive and federative. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : William Bondy
Publisher : Palala Press
Page : 196 pages
File Size : 50,6 Mb
Release : 2015-11-15
Category : Electronic
ISBN : 1346410925

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The Separation of Governmental Powers by William Bondy Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Maxwell A. Cameron
Publisher : Oxford University Press
Page : 270 pages
File Size : 45,7 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 : Zoltán Balázs
Publisher : Lexington Books
Page : 203 pages
File Size : 49,5 Mb
Release : 2016-12-13
Category : Political Science
ISBN : 9781498523356

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The Principle of the Separation of Powers by Zoltán Balázs Pdf

The separation of powers is one of the most cherished principles of constitutional government in the Western tradition. Despite its prestigious status, however, it has always been controversial. It has been attacked for being inadequate to account for institutional realities; for being inapplicable to parliamentary systems; for lacking a convincing normative grounding and even for being harmful, inasmuch as it hampers both the immediate enforcement of popular will and efficient political leadership. Current political crises all over the world, especially the rise of populist democracies and authoritarian regimes, however, make the principle worth a closer, more positive examination. This book takes stock of the criticisms of the principle of separation of powers and attempts to offer a new normative account of it. It argues that the separation of powers cannot be restricted to governmental institutions, agencies and decision-making procedures. Rather, it must be derived from the very basics of government, from the very notions of political order and articulated government and from the distinct though related concepts of social and governmental power and of authority. Once these distinctions are made, institutional separations are easier to be established. Contrary to the classical and most contemporary conceptions of the principle, the present account argues for a relational and negative conception of the separation of powers. The legislative branch in conceived of as the one where political authority, political power and social power are all equally represented. The executive branch is best understood as excluding social power whereas the judicial branch is marked for its opposition to the influence of political power. This conception avoids the pitfalls of essentialism and functionalism and makes the principle applicable in a much wider international context.

Author : WILLIAM. BONDY
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2018
Category : Electronic
ISBN : 1033087424

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SEPARATION OF GOVERNMENTAL POWERS by WILLIAM. BONDY Pdf

Author : Charles de Secondat baron de Montesquieu
Publisher : Unknown
Page : 492 pages
File Size : 43,7 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 : Francis Walker,William Bondy
Publisher : Unknown
Page : 504 pages
File Size : 48,9 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 : William Bondy
Publisher : Unknown
Page : 185 pages
File Size : 54,6 Mb
Release : 1967
Category : Constitutional law
ISBN : OCLC:499197366

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

Author : Thomas Campbell
Publisher : Stanford University Press
Page : 248 pages
File Size : 44,7 Mb
Release : 2004
Category : Law
ISBN : 9780804750271

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Separation of Powers in Practice by Thomas Campbell Pdf

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 : David Bilchitz
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 48,8 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 : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 1998
Category : History
ISBN : 0865971757

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

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 : Richard Bellamy
Publisher : Routledge
Page : 743 pages
File Size : 51,8 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 : M. J. C. Vile
Publisher : Unknown
Page : 480 pages
File Size : 54,8 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."