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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 Book : Law
Author Book : Thomas Campbell
Publisher : Stanford University Press
Release Book : 2004
Download Book : 235 Pages
ISBN-10 : 9780804750271


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Does the separation of powers still work?

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Genre Book : Political Science
Author Book : Robert A. Goldwin
Publisher : American Enterprise Institute
Release Book : 1986
Download Book : 193 Pages
ISBN-10 : 0844736074


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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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Genre Book : Law
Author Book : M. J. C. Vile
Publisher :
Release Book : 1998
Download Book : 455 Pages
ISBN-10 : STANFORD:36105060430381


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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.

Product Details :

Genre Book : Law
Author Book : William Bondy
Publisher : The Lawbook Exchange, Ltd.
Release Book : 1896
Download Book : 185 Pages
ISBN-10 : 9781886363656


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Product Details :

Genre Book : Separation of powers
Author Book : William B. Gwyn
Publisher :
Release Book : 1965
Download Book : 159 Pages
ISBN-10 : UVA:X000236350


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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 Book : Law
Author Book : Richard Bellamy
Publisher : Routledge
Release Book : 2017-07-05
Download Book : 600 Pages
ISBN-10 : 9781351540704


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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-�-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.

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Genre Book :
Author Book : Josh Chafetz
Publisher : Yale University Press
Release Book : 2017-06-27
Download Book : 448 Pages
ISBN-10 : 9780300197105


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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 Book : Law
Author Book : Peter M. Shane
Publisher : Springer
Release Book : 2005
Download Book : 1176 Pages
ISBN-10 : UOM:39015061421569


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Casper offers a clear portrait of the issues of separation of power along functional lines--legislative, executive, and judicial--in the founding period, as well as a suggestion that in modern times we should be reluctant to tie separation of powers notions to their own procrustean bed.

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Genre Book : Political Science
Author Book : Gerhard Casper
Publisher : Harvard University Press
Release Book : 1997
Download Book : 202 Pages
ISBN-10 : 0674801407


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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.

Product Details :

Genre Book : Administrative procedure
Author Book : John L. FitzGerald
Publisher : New York : Praeger
Release Book : 1986
Download Book : 165 Pages
ISBN-10 : IND:39000000913371