The Evolution Of The Separation Of Powers PDF Download
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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 | : 0 |
Release | : 1998 |
Genre | : History |
ISBN | : 9780865971752 |
Download Constitutionalism and the Separation of Powers Book in PDF, ePub and Kindle
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 | : Charles de Secondat baron de Montesquieu |
Publisher | : |
Total Pages | : 468 |
Release | : 1900 |
Genre | : Jurisprudence |
ISBN | : |
Download The Spirit of Laws Book in PDF, ePub and Kindle
Author | : William Bondy |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 186 |
Release | : 1998 |
Genre | : Separation of powers |
ISBN | : 188636365X |
Download The Separation of Governmental Powers in History, in Theory, and in the Constitutions Book in PDF, ePub and Kindle
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 | : Maxwell A. Cameron |
Publisher | : Oxford University Press |
Total Pages | : 270 |
Release | : 2015-03 |
Genre | : Law |
ISBN | : 0190235225 |
Download Strong Constitutions Book in PDF, ePub and Kindle
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 | : Francis Walker |
Publisher | : |
Total Pages | : 504 |
Release | : 1895 |
Genre | : Double taxation |
ISBN | : |
Download The Separation of Governmental Powers Book in PDF, ePub and Kindle
Author | : Edward Hirsch Levi |
Publisher | : |
Total Pages | : 44 |
Release | : 1975 |
Genre | : Constitutional law |
ISBN | : |
Download Some Aspects of Separation of Powers Book in PDF, ePub and Kindle
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 | : Charles M. Fombad |
Publisher | : Oxford University Press |
Total Pages | : 500 |
Release | : 2016-03-03 |
Genre | : Law |
ISBN | : 0191077925 |
Download Separation of Powers in African Constitutionalism Book in PDF, ePub and Kindle
The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
Author | : Antonia Baraggia |
Publisher | : Edward Elgar Publishing |
Total Pages | : 272 |
Release | : 2020-11-27 |
Genre | : Law |
ISBN | : 1788975278 |
Download New Challenges to the Separation of Powers Book in PDF, ePub and Kindle
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.