Constitutionalism Human Rights Separation Of Powers PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutionalism Human Rights Separation Of Powers PDF full book. Access full book title Constitutionalism Human Rights Separation Of Powers.
| Author | : Georghios M. Pikis |
| Publisher | : BRILL |
| Total Pages | : 188 |
| Release | : 2006-08-01 |
| Genre | : Law |
| ISBN | : 9047410211 |
Download Constitutionalism - Human Rights - Separation of Powers Book in PDF, ePub and Kindle
Following 82 years of British rule, Cyprus emerged in 1960 as an independent state endowed with a written Constitution, detailed to the extent of making provision for nearly every aspect of government. Two distinct features of the Constitution are a) the incorporation of a comprehensive charter of human rights backed up by a duty cast on every authority of the State to ensure its efficient application and b) the strict separation between the three powers of the State. Another notable aspect of it is the introduction of judicial review of administrative action rendering justiciable every act, decision or omission of every organ, body or person exercising administrative or executive authority. The diversity of the sources of constitutional order, its detailed provisions about nearly every aspect of government convey a distinct complexion to the Constitution of the country. This book covers its application in the turbulent history of the island, which provides a singular if not a unique example of the sustenance of constitutional order in extreme circumstances; constitutionalism in full swing.
| Author | : David Bilchitz |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 288 |
| Release | : 2018 |
| Genre | : |
| ISBN | : 1785369776 |
Download The Evolution of the Separation of Powers Book in PDF, ePub and Kindle
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 | : |
| Total Pages | : 480 |
| Release | : 1998 |
| Genre | : History |
| ISBN | : |
Download Constitutionalism and the Separation of Powers Book in PDF, ePub and Kindle
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 | : András Sajó |
| Publisher | : Oxford University Press |
| Total Pages | : 500 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198732171 |
Download The Constitution of Freedom Book in PDF, ePub and Kindle
Informed by a life lived under the oppressions of communism, ECtHR Judge András Sajó examines the fundamentals of constitutional systems of government, protection from tyranny, and promotion of freedom in this timely and important book.
| Author | : Thomas Campbell |
| Publisher | : Stanford University Press |
| Total Pages | : 248 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 0804750270 |
Download Separation of Powers in Practice Book in PDF, ePub and Kindle
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 judiciarys advantage of being able to do justice in an individual case, and the executives 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 | : Maxwell A. Cameron |
| Publisher | : Oxford University Press |
| Total Pages | : 270 |
| Release | : 2013-06-01 |
| Genre | : Political Science |
| ISBN | : 0199987459 |
Download Strong Constitutions Book in PDF, ePub and Kindle
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 | : Christoph Möllers |
| Publisher | : Oxford University Press |
| Total Pages | : 275 |
| Release | : 2013-03-14 |
| Genre | : Law |
| ISBN | : 0199602115 |
Download The Three Branches Book in PDF, ePub and Kindle
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.
| Author | : Jessica Korn |
| Publisher | : Princeton University Press |
| Total Pages | : 192 |
| Release | : 2020-10-06 |
| Genre | : Law |
| ISBN | : 0691219346 |
Download The Power of Separation Book in PDF, ePub and Kindle
Jessica Korn challenges the notion that the eighteenth-century principles underlying the American separation of powers system are incompatible with the demands of twentieth-century governance. She demostrates the continuing relevance of these principles by questioning the dominant scholarship on the legislative veto. As a short-cut through constitutional procedure invented in the 1930s and invalidated by the Supreme Court's Chadha decision in 1983, the legislative veto has long been presumed to have been a powerful mechanism of congressional oversight. Korn's analysis, however, shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority. The Framers also designed constitutional structure to empower the new national government, institutionalizing a division of labor among the three branches in order to enhance the government's capacity. By examining the legislative vetoes governing the FTC, the Department of Education, and the president's authority to extend most-favored-nation trade status, Korn demonstrates how the powers that the Constitution grants to Congress made the legislative veto short-cut inconsequential to policymaking. These case studies also show that Chadha enhanced Congress's capacity to pass substantive laws while making it easier for Congress to preserve important discretionary powers in the executive branch. Thus, in debunking the myth of the legislative veto, Korn restores an appreciation of the enduring vitality of the American constitutional order.
| Author | : David Haljan |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 335 |
| Release | : 2012-10-30 |
| Genre | : Law |
| ISBN | : 9067048585 |
Download Separating Powers: International Law before National Courts Book in PDF, ePub and Kindle
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
| Author | : Dimitrios Kyritsis |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0199672253 |
Download Where Our Protection Lies Book in PDF, ePub and Kindle
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.
