The Principle of the Separation of Powers - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Principle of the Separation of Powers write by Zoltán Balázs. This book was released on 2016-12-13. The Principle of the Separation of Powers available in PDF, EPUB and Kindle. The separation of powers is one of the most cherished principles of constitutional government in the Western tradition. Despite its prestigious status, however, it has always been controversial. It has been attacked for being inadequate to account for institutional realities; for being inapplicable to parliamentary systems; for lacking a convincing normative grounding and even for being harmful, inasmuch as it hampers both the immediate enforcement of popular will and efficient political leadership. Current political crises all over the world, especially the rise of populist democracies and authoritarian regimes, however, make the principle worth a closer, more positive examination. This book takes stock of the criticisms of the principle of separation of powers and attempts to offer a new normative account of it. It argues that the separation of powers cannot be restricted to governmental institutions, agencies and decision-making procedures. Rather, it must be derived from the very basics of government, from the very notions of political order and articulated government and from the distinct though related concepts of social and governmental power and of authority. Once these distinctions are made, institutional separations are easier to be established. Contrary to the classical and most contemporary conceptions of the principle, the present account argues for a relational and negative conception of the separation of powers. The legislative branch in conceived of as the one where political authority, political power and social power are all equally represented. The executive branch is best understood as excluding social power whereas the judicial branch is marked for its opposition to the influence of political power. This conception avoids the pitfalls of essentialism and functionalism and makes the principle applicable in a much wider international context.
The Rule of Law and the Separation of Powers
The Rule of Law and the Separation of Powers - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Rule of Law and the Separation of Powers write by Richard Bellamy. This book was released on 2017-07-05. The Rule of Law and the Separation of Powers available in PDF, EPUB and Kindle. 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.
The Evolution of the Separation of Powers
The Evolution of the Separation of Powers - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Evolution of the Separation of Powers write by David Bilchitz. This book was released on . The Evolution of the Separation of Powers available 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.
The Spirit of Laws
The Spirit of Laws - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Spirit of Laws write by Charles de Secondat baron de Montesquieu. This book was released on 1886. The Spirit of Laws available in PDF, EPUB and Kindle.
The Principles of Constitutionalism
The Principles of Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Principles of Constitutionalism write by N. W. Barber. This book was released on 2018-07-25. The Principles of Constitutionalism available in PDF, EPUB and Kindle. In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
