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The Evolution of the Separation of Powers

The Evolution of the Separation of Powers
Between the Global North and the Global South

by David Bilchitz

  • Publisher : Edward Elgar Publishing
  • Release : 2018
  • Pages : 288
  • ISBN : 1785369776
  • Language : En, Es, Fr & De
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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.

The Doctrine of the Separation of Powers and Its Presentday Significance

The Doctrine of the Separation of Powers and Its Presentday Significance
A Book

by Arthur T. Vanderbilt

  • Publisher : Unknown Publisher
  • Release : 1963
  • Pages : 144
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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Separation of Powers--does it Still Work?

Separation of Powers--does it Still Work?
A Book

by Robert A. Goldwin,Art Kaufman

  • Publisher : Aei Press
  • Release : 1986
  • Pages : 193
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers
A Book

by M. J. C. Vile

  • Publisher : Unknown Publisher
  • Release : 1998
  • Pages : 455
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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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.

The Meaning of the Separation of Powers

The Meaning of the Separation of Powers
An Analysis of the Doctrine from Its Origin to the Adoption of the United States Constitution

by William B. Gwyn

  • Publisher : Unknown Publisher
  • Release : 1965
  • Pages : 159
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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New Challenges to the Separation of Powers

New Challenges to the Separation of Powers
Dividing Power

by Antonia Baraggia,Cristina Fasone,Luca P. Vanoni

  • Publisher : Edward Elgar Publishing
  • Release : 2020-11-26
  • Pages : 256
  • ISBN : 9781788975261
  • Language : En, Es, Fr & De
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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. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.

The Principle of the Separation of Powers

The Principle of the Separation of Powers
A Defense

by Zoltán Balázs

  • Publisher : Lexington Books
  • Release : 2016-12-13
  • Pages : 202
  • ISBN : 1498523358
  • Language : En, Es, Fr & De
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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.

Division of Power: Continuity and Change

Division of Power: Continuity and Change
A Book

by Marcin Romanowski,Bogumił Szmulik,Jarosław Szymanek

  • Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
  • Release : 2022
  • Pages : 314
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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The separation of powers doctrine is undoubtedly one of the key principles of contemporary constitutionalism. Despite this, it has not been framed into a single, homogeneous, and thus universal form. The abundance of approaches and nuances found in legal and political doctrine makes it an extremely labile and meandering concept, which can take on a variety of shapes. Its legislative articulation is by no means uniform, and thus reproducible, either. The separation of powers in constitutional law is therefore expressed in a broad array of formulas, sometimes explicitly, sometimes implicitly. In addition, it can take on a classic, almost model form, or it can be shaped in a significantly altered manner compared to what we used to call its model […] …the dispersion of ideas about what the separation of powers is, where it originates or how to best frame and apply it in legislation and practice does not deprive the separation of powers of the nature of a timeless general notion that underlies the very concept of the division of power. After all, the impulse to formulate the assumptions for the separation of powers was in each case triggered by the desire to eliminate the vesting of unlimited or excessive power in an individual or a narrow, oligarchised group. Therefore, its essence and also the main advantage is, first of all, protection against the despotism of power, which translates into the specific benefit of consolidation of institutional guarantees of civil rights and liberties through the attribution of individual power functions to different branches of government, and then their clear separation”. MARCIN ROMANOWSKI, Separation of Powers: Meanders of Doctrine and Legislation

The Rule of Law and the Separation of Powers

The Rule of Law and the Separation of Powers
A Book

by Richard Bellamy

  • Publisher : Routledge
  • Release : 2017-07-05
  • Pages : 600
  • ISBN : 1351540696
  • Language : En, Es, Fr & De
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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.

Some Aspects of Separation of Powers

Some Aspects of Separation of Powers
A Book

by Edward Hirsch Levi

  • Publisher : Unknown Publisher
  • Release : 1975
  • Pages : 37
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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The Separation of Powers and Legislative Interference in Judicial Process

The Separation of Powers and Legislative Interference in Judicial Process
Constitutional Principles and Limitations

by Peter Gerangelos

  • Publisher : Bloomsbury Publishing
  • Release : 2009-04-10
  • Pages : 328
  • ISBN : 1847315003
  • Language : En, Es, Fr & De
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This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).

Strong Constitutions

Strong Constitutions
Social-Cognitive Origins of the Separation of Powers

by Maxwell A. Cameron

  • Publisher : Oxford University Press
  • Release : 2015-03-01
  • Pages : 255
  • ISBN : 0190235225
  • Language : En, Es, Fr & De
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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.

The Powers that be

The Powers that be
Rethinking the Separation of Powers : a Leiden Response to Möllers

by H.-M. T. D. ten Napel,Wim Voermans

  • Publisher : Unknown Publisher
  • Release : 2015
  • Pages : 384
  • ISBN : 9789087282516
  • Language : En, Es, Fr & De
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The concepts of democratic legitimacy and the separation of powers have played vital roles in the evolution of many modern states. In recent decades, however, some national governments have begun to cede portions of their oversight to international or supranational power holders, as can be seen with the example of the European Union. Considering this new context, can the combination of democratic legitimacy and the separation of powers still prove useful outside of the framework of a traditional state--and if so, in what form? The Powers That Be explores this question in essays that address legislative, executive, and judicial concerns through groundbreaking theoretical discussions and explorations of legal cases and developments.

How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System

How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System
A Book

by Wondwossen Mengistu

  • Publisher : GRIN Verlag
  • Release : 2018-02-02
  • Pages : 14
  • ISBN : 3668629056
  • Language : En, Es, Fr & De
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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.

Congress's Constitution

Congress's Constitution
Legislative Authority and the Separation of Powers

by Josh Chafetz

  • Publisher : Unknown Publisher
  • Release : 2019-08-06
  • Pages : 448
  • ISBN : 9780300248333
  • Language : En, Es, Fr & De
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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.

The Separation of Powers Doctrine

The Separation of Powers Doctrine
Rationale, Applications and Bibliography

by T. J. Halstead,Michael C. Packard

  • Publisher : Nova Science Pub Incorporated
  • Release : 2002
  • Pages : 58
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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This book discusses the philosophical underpinnings, constitutional provisions, and judicial application of the separation of powers doctrine. In the United States, the doctrine has evolved to ensure that there are three branches of government, each with its own function and each with an equal amount of power. This allows each branch, executive, legislative, and judicial to work efficiently and prevents the excessive accumulation of power by any single branch through a system of checks and balances. This book presents an overview of the rationale of the doctrine along with its application.

The Power to Govern

The Power to Govern
An Examination of the Separation of Powers in the American System of Government

by Peter H. Odegard,Victor G. Rosenblum

  • Publisher : Unknown Publisher
  • Release : 1957
  • Pages : 303
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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Contemporary Perspectives on the Constitution and Separation of Powers

Contemporary Perspectives on the Constitution and Separation of Powers
A Book

by Anonim

  • Publisher : Unknown Publisher
  • Release : 1990
  • Pages : 50
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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A collection of essays designed to provide educators and other interested individuals with contemporary perspectives on the U.S. Constitution and separation of powers is presented. Separation of powers refers to one of the enduring principles of the U.S. constitutional system of government, in which governmental powers are subject to a division of labor in terms of function. The following essays are included: Origins of Separation of Powers and Mixed Government (Murray Dry); The Separation of Powers in Colonial and Early National Experience (Donald S. Lutz); Origins of Separation of Powers and the Judiciary (James R. Stoner, Jr.); Separation of Powers, Judicial Law Making and the Preservation of Freedom (Robert Peck); Separation of Powers and the Power of the Purse (Kate Stith); Separation of Powers and Current Relations between Congress and the President (Robert A. Strong); Checks and Balances: Adjusting the Constitution to Meet Modern Circumstances (Donald Robinson); The Framers' View of Executive Power (Daniel Troy); The Dynamics of Constitutional Decision Making: The Real Picture (Louis Fisher); Sentencing Commission Tests Separation of Powers--and Passes (John R. Steer); Tough Times for Separation of Powers (Patrick McGuigan); and The FCC and the Need for Independent Agencies (Stephen Sharp). (DB)

Separation of Powers (hearings) : Hearings Before the ... Committee on the Judiciary, United States Senate

Separation of Powers (hearings) : Hearings Before the ... Committee on the Judiciary, United States Senate
A Book

by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers

  • Publisher : Unknown Publisher
  • Release : 1967
  • Pages : 129
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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Congress and the Separation of Powers

Congress and the Separation of Powers
A Book

by John L. FitzGerald

  • Publisher : New York : Praeger
  • Release : 1986
  • Pages : 165
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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This volume illustrates the problems which arise when Congress confers undue discretion upon administrators of government agencies. The author traces the constitutional history relating to legislative and executive powers and discusses the leading decisions of the Supreme Court. He reviews the path of a legislative proposal from its original draft by the Administration through its process in Congress and offers practical recommendations to improve this process and replace indefinite statutory delegations of power with precise legislative policy and guidelines. The volume points the way toward providing standards for the regulation of federal administrative agencies, a definite frame of reference for the courts, and effective overview by Congress.