The Evolution of the Separation of Powers

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.

Author: David Bilchitz

Publisher: Edward Elgar Publishing

ISBN: 9781785369773

Category:

Page: 288

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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.
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Constitutionalism and the Separation of Powers

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: M. J. C. Vile

Publisher:

ISBN: STANFORD:36105060430381

Category: History

Page: 455

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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.
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Separation of Power and Legislative Institutions

The Constitutional Theory of Legislative Organization Gisela L. Sin Silva. - SEPARATION OF POWER AND LEGISLATIVE INSTITUTIONS: THE CONSTITUTIONAL THEORY OF.

Author: Gisela L. Sin Silva

Publisher:

ISBN: UOM:39015070904282

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Page:

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The Rule of Law and the Separation of Powers

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.

Author: Richard Bellamy

Publisher:

ISBN: 1315085305

Category:

Page: 600

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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."--Provided by publisher.
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Congress and the Separation of Powers

"legislative powers" granted to Congress by Article I of the Constitution. ... along lines as broad as the following: The Federal Communications Commission is authorized to regulate in the 2 / Congress and the Separation of Powers.

Author: John L. FitzGerald

Publisher: New York : Praeger

ISBN: IND:39000000913371

Category: Administrative procedure

Page: 165

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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.
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New Challenges to the Separation of Powers

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts.

Author: Antonia Baraggia

Publisher: Edward Elgar Publishing

ISBN: 9781788975278

Category: Law

Page: 272

View: 880

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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.
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Division of Power Continuity and Change

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.

Author: Marcin Romanowski

Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości

ISBN:

Category: Law

Page: 314

View: 706

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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
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The Separation of Powers and Legislative Interference in Judicial Process

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 ...

Author: Peter Gerangelos

Publisher: Bloomsbury Publishing

ISBN: 9781847315007

Category: Law

Page: 328

View: 558

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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).
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