29 Art. 80 GG: Issuance of Executive Orders

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Federal Government ◽  
State Governments ◽  
Executive Order ◽  
Federal Minister ◽  
Executive Orders ◽  
Autonomous Decision ◽  
Federal Constitutional ◽  
Delegation Of Powers ◽  
Law Making ◽  
Do So

This chapter discusses the relevant provisions of Art. 80 of the Grundgesetz (GG) with regard to the issuance of executive orders. Under the Grundgesetz, only the federal government, a federal minister, or state governments may create executive orders, and only to the extent that they are expressly authorised to do so by a parliamentary law. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the scope of Art. 80 GG, focussing on the delegation of law-making power to the executive in the form of authorisation to promulgate executive orders. It then considers the specificity of the delegation of powers, with emphasis on the four formulas developed by the Court: foreseeability formula, autonomous decision formula, program formula and clarity formula. It also analyses the requirement of citation for authorities which create an executive order, the procedure for issuing executive orders, and executive orders which require consent by the Bundesrat.

21 Art. 20 GG: The Federal Principle

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Federal Republic ◽  
Federal Government ◽  
Federal State ◽  
State Governments ◽  
Federal Republic Of Germany ◽  
Federal Constitutional

This chapter discusses the federalism principle as articulated in Art. 20 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence concerning the idea that the federal government is an ‘entire state’ (Gesamtstaat). In particular, it considers the doctrine of the ‘tripartite federal state’ (‘entire state’ of the Federal Republic of Germany — federal government — states) and shows that the federal government is the entire state based on the doctrine of the ‘bipartite federal state’. It also explores the notion that the federal government is the ‘community of states’, the community of the federal government and the states, and the homogeneity of the federal and state governments. Finally, it explains the principle of loyalty to the federal state and the ensuing requirement of ‘federalism-friendly conduct’.

scholarly journals Industrial legislation in Australia, 2020

2021 ◽  
pp. 002218562110082
Author(s):  
Eugene Schofield-Georgeson
Keyword(s):  
Social Welfare ◽  
Labour Market ◽  
Federal Government ◽  
Construction Industry ◽  
Workers Compensation ◽  
State Governments ◽  
The Past ◽  
Wage Theft ◽  
Economic Stimulus ◽  
Liberal Government

In 2020, the Federal Morrison Liberal Government scrambled to respond to the effects of the international coronavirus pandemic on the Australian labour market in two key ways. First, through largescale social welfare and economic stimulus (the ‘JobKeeper’ scheme) and second, through significant proposed reform to employment laws as part of a pandemic recovery package (the ‘Omnibus Bill’). Where the first measure was administered by employers, the second was largely designed to suspend and/or redefine labour protections in the interests of employers. In this respect, the message from the Federal Government was clear: that the costs of pandemic recovery should be borne by workers at the discretion of employers. State Labor Governments, by contrast, enacted a range of industrial protections. These included the first Australia ‘wage theft’ or underpayment frameworks on behalf of both employees and contractors in the construction industry. On-trend with state industrial legislation over the past 4 years, these state governments continued to introduce industrial manslaughter offences, increased access to workers’ compensation, labour hire licensing schemes and portable long service leave.

Due diligence as a secondary rule of general international law

2021 ◽  
pp. 1-30
Author(s):  
Richard Mackenzie-Gray Scott
Keyword(s):  
International Law ◽  
Due Diligence ◽  
Legal Practice ◽  
Formed Part ◽  
International Law Commission ◽  
Domestic Law ◽  
Secondary Rule ◽  
Law Making ◽  
Law Commission ◽  
Do So

Abstract The conventional understanding of due diligence in international law appears to be that it is a concept that forms part of primary rules. During the preparatory stages in creating the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the International Law Commission (ILC) focused on due diligence as though it could have formed part of secondary rules. Despite this process, no due diligence provision forms part of the ARSIWA. Yet a number of the final provisions are based on primary rules. This is because the ILC relied on the method of extrapolation in attempts to create secondary rules. Extrapolation is a method of international law-making by which the output of an analytical process is reproduced in a different form following an examination of its content that exists in other forms. In using this method, the ILC attempted to create secondary rules by extrapolating from primary rules. Yet it did not do so with respect to due diligence. However, due diligence can be formulated and applied differently by using this same method. This article analyses the steps of this process to construct a vision of where international legal practice should venture in the future. In learning from and amalgamating the dominant trends in different areas of international and domestic law, this article proposes that due diligence could exist as a secondary rule of general international law. By formulating and applying due diligence as a secondary rule, there is potential to develop the general international law applicable to determining state responsibility for the conduct of non-state actors.

The Significance of Unaccounted Currencies

1981 ◽  
Vol 41 (4) ◽  
pp. 853-866 ◽  
Author(s):  
Richard H. Timberlake
Keyword(s):  
Nineteenth Century ◽  
Federal Government ◽  
State Governments ◽  
Private Business ◽  
Exact Quantification ◽  
Bank Notes

This paper uses numismatic sources to estimate the volume of unaccounted currency issued during the middle two quarters of the nineteenth century. “Unaccounted currency” includes any currency issued by private business firms and by municipal and state governments. This money, unlike state bank notes and deposits and federal government currencies, was issued illegally, and not recorded in conventional statistical sources. Exact quantification, therefore, is next to impossible. The principal significance of this phenomenon is the credibility it gives to private competitive issues of money.

Neoliberal reformers: Economics as class warfare

2018 ◽  
Vol 29 (2) ◽  
pp. 250-262
Author(s):  
Braham Dabscheck
Keyword(s):  
Federal Government ◽  
Nobel Prize ◽  
Business Groups ◽  
Review Article ◽  
The State ◽  
Think Tanks ◽  
State Governments ◽  
American Democracy ◽  
Jel Codes ◽  
Federal Level

This review article discusses MacLean’s study of the ideas of a group of economists and their embracing by an oligarchy of business groups to implement a Neoliberal agenda and its implications for American democracy. It mainly focuses on the Nobel Prize winning economist James McGill Buchanan and the industrialist Charles Koch. Business groups provided funds to Buchanan and others to train right-minded people in the precepts of Neoliberalism, established think tanks and institutes to disseminate their views, and ‘directed’ and/or provided advice and draft legislation for Republican politicians at both the state and federal level. Inspiration for how to achieve this Neoliberal ‘revolution’ can be found in Lenin’s 1902 What is to be Done?. The Neoliberal attack on government and statism is consistent with Orwell’s notion of doublethink. It constitutes a weakening of those parts of the state which are inimical to the interests of a wealthy oligarchy, the federal government and agencies/government departments who are viewed as imposing costs (taxes) on and interfering with (regulating) the actions of the oligarchy, and strengthening other parts such as state governments, the judiciary, at both the state (especially) and federal level and police forces to protect and advance their interests. JEL codes: B10, B22

Comment

1980 ◽  
Vol 2 (2-3) ◽  
pp. 108-109
Author(s):  
Mark Kesselman
Keyword(s):  
United States ◽  
Local Government ◽  
Federal Government ◽  
The United States ◽  
State Governments ◽  
Local Autonomy ◽  
Fundamental Change ◽  
Local Expenditures

Acentral ingredient of democracy in the United States, according to Tocqueville, was local autonomy – yet the data presented by Professor Austin suggests a fundamental change in the United States since Tocquevilles time. Most local expenditures are now provided by the federal and state governments, most “local” programs are not local at all, for many (if not most) purposes the local government has become an extension of the federal government, and it is often replaced altogether by federally created field agencies (what the French call deconcentrated administration).

scholarly journals Judges as Legislators: Not Whether But How

1969 ◽  
pp. 249 ◽  
Author(s):  
Dale Gibson
Keyword(s):  
Legal System ◽  
Functional Constraints ◽  
Law Making ◽  
Do So ◽  
Legal Writers

Although judicial legislation has always been an important feature of the legal system, it is not often acknowledged publicly. This has meant that the proper limits of the process, and the means by which it can be carried out most effectively, have not received due attention from legal writers. This article addresses those questions. It examines the reasons judges make laws, the reasons for their reluctance to admit publicly that they do so, the formal and functional constraints that should govern their law-making, and some procedures by which the process may be assisted and improved.

scholarly journals Political control and policy-making uncertainty in executive orders: the implementation of environmental justice policy

2018 ◽  
Vol 39 (2) ◽  
pp. 329-358 ◽  
Author(s):  
Colin Provost ◽  
Brian J. Gerber
Keyword(s):  
Environmental Justice ◽  
Policy Making ◽  
Original Data ◽  
Political Control ◽  
Executive Order ◽  
Data Set ◽  
Executive Orders ◽  
Fire Alarm ◽  
Bureaucratic Responsiveness ◽  
The Impact

AbstractEnvironmental justice (EJ) has represented an important equity challenge in policymaking for decades. President Clinton’s executive order (EO) 12898 in 1994 represented a significant federal action, requiring agencies to account for EJ issues in new rulemakings. We examine the impact of EO 12898 within the larger question of how EO are implemented in complex policymaking. We argue that presidential preferences will affect bureaucratic responsiveness and fire alarm oversight. However, EJ policy complexity produces uncertainty leading to bureaucratic risk aversion, constraining presidential efforts to steer policy. We utilise an original data set of nearly 2,000 final federal agency rules citing EO 12898 and find significant variation in its utilisation across administrations. Uncertainty over the nature of the order has an important influence on bureaucratic responsiveness. Our findings are instructive for the twin influences of political control and policy-making uncertainty and raise useful questions for future EJ and policy implementation research.

By Executive Order

2021 ◽  
Author(s):  
Andrew Rudalevige
Keyword(s):  
United States ◽  
Chief Executive ◽  
The United States ◽  
Executive Branch ◽  
Federal Agencies ◽  
Presidential Power ◽  
Executive Order ◽  
Personal Power ◽  
Executive Orders

The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. This book provides the first comprehensive look at how presidential directives are written — and by whom. The book examines more than five hundred executive orders from the 1930s to today — as well as more than two hundred others negotiated but never issued — shedding vital new light on the multilateral process of drafting supposedly unilateral directives. The book draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. It explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, the book reveals how the executive branch holds the power to both enact and constrain the president's will.

Kebijakan Imigrasi Presiden Trump Terhadap Masyarakat Imigran Di Amerika Serikat Tahun 2017-2018

2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Made Fitri Padmi ◽  
Zaenab Yulianti
Keyword(s):  
United States ◽  
Immigration Policy ◽  
The United States ◽  
Immigrant Communities ◽  
Executive Order ◽  
Literature Study ◽  
Donald Trump ◽  
Executive Orders ◽  
Muslim Countries ◽  
The Impact

AbstrakTulisan membahas tentang kebijakan imigrasi Donald Trump pada 2 tahun pertama dan dampaknya terhadap masyarakat imigran di Amerika Serikat. Kebijakan imigrasi yang penulis bahas dalam tulisan ini adalah Executive Order di tandatangi Donald Trump pada tahun 2017 terkait larangan akses masuk masyarakat dari tujuh negara muslim yang menurut Amerika Serikat merupakan negara pendukung terorisme. Karya tulis ini menggunakan pendekatan kualitatif dan studi kepustakaan serta penyajian data secara eksplanatif. Dalam tulisan ini menunjukan bahwa kebijakan imigrasi Donald Trump mengakibatkan dampak terhadap imigran dari tujuh negara muslim yang ada dan calon imigran yang akan menuju ke Amerika Serikat. Selain dampak terhadap sasaran utama, kebijakan ini juga berdampak pada imigran-imigran lain diluar tujuh negara tersebut serta keamanan, tindakan diskriminasi dan fenomena Xenophobia dan Islamophobia di Amerika Serikat.Kata Kunci: Donald Trump, Executive Order, Imigran, Diskriminasi AbstractThis paper discussed the impact of Donald Trump's immigration policy in the first 2 years against immigrant communities in the United States. The immigration policy that the writer discussed in this paper was the Executive Orders which was signed by Donald Trump in 2017 related to the prohibition of entry into the United States from seven Muslim countries, which according to the United States is a country supporting terrorism. This paper used a qualitative approach and literature study as well as an explanatory data presentation. The results of this paper showed that Donald Trump's immigration policy has had an impact on immigrants from seven existing Muslim countries and prospective immigrants heading to the United States. In addition to the impact on the main targets, this policy also affected other immigrants outside the seven countries as well as security, acts of discrimination and the phenomenon of Xenophobia and Islamophobia in the United States.  Keywords: Donald Trump, Executive Order, Immigrants, Discrimination

Sign in / Sign up

Export Citation Format

Share Document