The Unitary Executive

2021 ◽  
pp. 24-38
Author(s):  
Stephen Skowronek ◽  
John A. Dearborn ◽  
Desmond King
Keyword(s):  
Selection Procedure ◽  
Executive Branch ◽  
Executive Power ◽  
Unitary Theory ◽  
Complete Control ◽  
The People ◽  
Constitutional Meaning ◽  
Selection Mechanisms ◽  
Presidential Performance ◽  
The Relationship

This chapter examines the theory of the unitary executive and its deployment in the Trump presidency afgainst the specter of a Deep State. The theory asserts that the president possesses all the executive power, that the incumbent alone is the executive branch. The idea is that anything less than complete control over administration by that individual risks an obfuscation of responsibility, clouding the judgments on presidential performance that “the people” get to deliver retrospectively in the next election. This reading of the Constitution is often joined to a strikingly plebiscitary conception of American democracy. This chapter takes up two issues of special interest. The first is an alternative “republican reading” of the Constitution which anticipates inter-branch collaboration in the control of administrative power. The second is the relationship between the vesting clause of Article II, on which the unitary theory is based, and the selection procedure, which has changed radically since its original constitutional formulation. The chapter concludes by pointing to the distortions of constitutional meaning introduced by joining an expansive reading of the vesting clause to contemporary selection mechanisms.

Part III Themes, Ch.17 Unity

2018 ◽  
Author(s):  
Gummow William
Keyword(s):  
State Legislatures ◽  
Executive Power ◽  
National Unity ◽  
Legislative Power ◽  
The People ◽  
The Absolute ◽  
The Relationship ◽  
Ordinary Citizens

This chapter considers national unity in Australia. It focuses first upon the absolute freedom of intercourse among the States of which section 92 of the Constitution commands. The chapter then turns to the absence of disability or discrimination required by section 117. Next, it considers the operation of section 109 not only to adjust relations between Commonwealth and State legislatures but to meet the entitlement of ‘the ordinary citizens … to know which of two inconsistent laws he is required to observe’. Here, reference is made to the uniform quality of justice throughout the Commonwealth which these ‘ordinary citizens’ would be entitled to expect. Finally, the chapter discusses the relationship between ‘the people’, the franchise, and citizenship, and what on occasion has been identified as the implied ‘nationhood’ legislative power of the Parliament, or ‘nationhood’ as an attribute of the executive power of the Commonwealth.

Fénelon and the political summum malum of self-love

2021 ◽  
pp. 147488512110020
Author(s):  
Gianna Englert
Keyword(s):  
Political Philosophy ◽  
Church And State ◽  
Executive Power ◽  
The Political ◽  
The People ◽  
The Relationship

In The Political Philosophy of Fénelon, Ryan Hanley argues that Fénelon was a realist who aimed to elevate and educate self-love—rather than resist it—in order to avoid tyranny. This roundtable article examines two of Fenelon’s arguments for how self-love, well-directed, could circumvent a king’s absolutist and tyrannical inclinations: 1) the king’s need to be loved and to love in turn, and 2) the relationship between faith and politics / church and state. Contrasting Fénelon with Machiavelli, I question whether the ruler’s “need-love” for his people leaves him susceptible to forms of domination or at least, as Machiavelli warned, renders them politically weak. Given Hanley’s interest to recover Fénelon for the present day, I conclude by arguing that the thinker’s insights about the limiting role of well-directed self-love are inescapably tied to his critiques of absolutism. The same need-love of the people, I argue, cannot similarly check executive power under democracy. Nonetheless, Fénelon’s perspective remains valuable, as does Hanley’s project of recovery, since democracies continue to reckon with particular problems raised by self-love.

Part III The Relationship Between the Judiciary and the Political Branches, 12 Judicial–Executive Relations in Kenya Post-2010: The Emergence of Judicial Supremacy?

2016 ◽  
Author(s):  
Ochieng Walter Khobe
Keyword(s):  
Executive Control ◽  
Judicial Independence ◽  
Executive Branch ◽  
Executive Power ◽  
The Political ◽  
Political Leaders ◽  
High Court ◽  
Judicial Supremacy ◽  
The Relationship ◽  
General Concern

This chapter examines the relationship between the judicial and the executive branch in Kenya. Kenya has long seen a deferent, politically controlled judiciary. The 2010 constitution, however, takes a number of steps to safeguard judicial independence, in line with the general concern to limit executive power. The 2010 reforms include the creation of a Judicial Services Commission that aims to end the previous presidential control of appointments and the insulation of judicial funding from executive control. Several aspects of the new appointment procedures have already been defended in decisions of the High Court. The chapter considers recent cases which demonstrate how ‘the Courts have reformed to the extent of boldly questioning executive decisions’. These cases also show executive compliance, although it has sometimes been slow to comply with decisions that go against it and several prominent political leaders, including the president, have criticized the courts for ‘activism’.

Popular Sovereignty and the Nationhood Power

2017 ◽  
Vol 45 (3) ◽  
pp. 415-444
Author(s):  
George Duke
Keyword(s):  
Detailed Examination ◽  
Popular Sovereignty ◽  
Executive Power ◽  
Court Cases ◽  
High Court ◽  
Constitutional Principle ◽  
Australian Context ◽  
The People ◽  
Constitutional Jurisprudence ◽  
The Relationship

The principle that the constitution derives its ultimate authority from the sovereignty of the people and the nationhood power were both developed by the High Court in the context of Australia's emergence as an independent nation. Although this shared provenance suggests the possibility of a more significant connection between the two doctrines, such a connection has not been developed in Australian constitutional jurisprudence. The heavily criticised judgment of French J in the Tampa decision appears to allude to such a connection, but the relevant reasoning is ambiguous and either left undeveloped or implicitly rejected in subsequent High Court cases. This paper critically examines the relationship between popular sovereignty and the nationhood power on two levels. In the first instance, the paper investigates whether it is even coherent to seek to provide a normative ground for the nationhood power in popular sovereignty. The paper then considers whether such a justification is consistent with Australian constitutional doctrine. Unsurprisingly, the weight of constitutional principle and doctrine supports the general subjection of the executive to prior legislative authorisation, rather than a robust non-statutory executive power grounded in popular sovereignty. While this conclusion is predictable in an Australian context, a detailed examination of the relationship between the weaker conception of popular sovereignty operative in the reasoning of High Court and the nationhood power nonetheless reveals some important underlying assumptions of current doctrinal orthodoxy.

Presidential Privilege and the Freedom of Information Act

2019 ◽  
Author(s):  
Kevin M. Baron
Keyword(s):  
Social Learning ◽  
Historical Analysis ◽  
Public Information ◽  
Executive Branch ◽  
Executive Power ◽  
Power Dynamics ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Contemporary Politics ◽  
Government Secrecy

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.

PERSOALAN KEHIDUPAN KONTEMPORER: MENGGAGAS KAJIAN SACHEDINA TENTANG THEOLOGI PLURALISME

EMPIRISMA ◽  
2017 ◽  
Vol 26 (1) ◽  
Author(s):  
Limas Dodi
Keyword(s):  
Religious Pluralism ◽  
Main Argument ◽  
Religious Groups ◽  
Common View ◽  
The Public ◽  
The People ◽  
Muslim Majority ◽  
The Common ◽  
The Relationship ◽  
Religious Differences

According to Abdulaziz Sachedina, the main argument of religious pluralism in the Qur’an based on the relationship between private belief (personal) and public projection of Islam in society. By regarding to private faith, the Qur’an being noninterventionist (for example, all forms of human authority should not be disturb the inner beliefs of individuals). While the public projection of faith, the Qur’an attitude based on the principle of coexistence. There is the willingness of the dominant race provide the freedom for people of other faiths with their own rules. Rules could shape how to run their affairs and to live side by side with the Muslims. Thus, based on the principle that the people of Indonesia are Muslim majority, it should be a mirror of a societie’s recognizion, respects and execution of religious pluralism. Abdul Aziz Sachedina called for Muslims to rediscover the moral concerns of public Islam in peace. The call for peace seemed to indicate that the existence of increasingly weakened in the religious sense of the Muslims and hence need to be reaffi rmed. Sachedina also like to emphasize that the position of peace in Islam is parallel with a variety of other doctrines, such as: prayer, fasting, pilgrimage and so on. Sachedina also tried to show the argument that the common view among religious groups is only one religion and traditions of other false and worthless. “Antipluralist” argument comes amid the reality of human religious differences. Keywords: Theology, Pluralism, Abdulaziz Sachedina

Administrasi Hubungan Sekolah dan Masyarakat (HUSEMAS)

2020 ◽  
Author(s):  
Rifa Nirmala ◽  
Hade Afriansyah
Keyword(s):  
Personal Growth ◽  
Clear Picture ◽  
Public And Private ◽  
Community Needs ◽  
The People ◽  
Good Will ◽  
Relationship Of ◽  
The Relationship

Thus can drawing conclusions about the relationship of the school with the community is essentially a very decisive tool in fostering and developing the personal growth of students in schools. If the relationship between the school and the community goes well, the sense of responsibility and participation of the community to advance the school will also be good and high. In order to create relationships and cooperation between schools and the community, the community needs to know and have a clear picture of the school they have obtained.The presence of schools is based on the good will of the country and the people who support it. Therefore people who work in schools inevitably have to work with the community. The community here can be in the form of parents of students, agencies, organizations, both public and private. One reason schools need help from the community where schools are because schools must be funded.

‘Nature Has Its Own Soul and Speaks Its Own Language’

2010 ◽  
Vol 19 (2) ◽  
pp. 62-73
Author(s):  
Helena Ruotsala
Keyword(s):  
National Park ◽  
Tourism Industry ◽  
Reindeer Herding ◽  
Nature Protection ◽  
Economic Interests ◽  
Finnish Lapland ◽  
The People ◽  
Heated Debate ◽  
The 1960S ◽  
The Relationship

Nature and environment are important for the people earning their living from natural sources of livelihood. This article concentrates on the local perspective of the landscape in the Pallastunturi Fells, which are situated in Pallas-Ylläs National Park in Finnish Lapland. The Fells are both important pastures for reindeer and an old tourism area. The Pallastunturi Tourist Hotel is situated inside the national park because the hotel was built before the park was established 1938. Until the 1960s, the relationship between tourism and reindeer herding had been harmonious because the tourism activities did not disturb the reindeer herding, but offered instead ways to earn money by transporting the tourists from the main road to the hotel, which had been previously without any road connections. During recent years, tourism has been developed as the main source of livelihood in Lapland and huge investments have been made in several parts of Lapland. One example of this type of investment is the plan to replace the old Pallas Tourist hotel, which was built in 1948, with a newer and bigger one. It means that the state will allow a private enterprise to build more infrastructures for tourism inside a national park where nature should be protected and this has sparked a heated debate. Those who oppose the project criticise this proposal as the amendment of a law designed to promote the economic interests of one private tourism enterprise. The project's supporters claim that the needs of the tourism industry and nature protection can both be promoted and that it is important to develop a tourist centre which is already situated within the national park. This article is an attempt to try to shed light on why the local people are so loudly resisting the plans by a private tourism enterprise to touch the national park. It is based on my fieldwork among reindeer herding families in the area.

Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

Waldaufseher und Waldfrevler in Chur zwischen 1750 und 1840 Durch die Analyse von interaktiven Konfliktfeldern zum besseren Verständnis des vorindustriellen Waldes | Forest wardens and forest offenders in Chur between 1750 and 1840. This analysis of interactive fields of conflict seeks to arrive at a better understanding of pre-industrial forests

2006 ◽  
Vol 157 (9) ◽  
pp. 408-412
Author(s):  
Jörg Spinatsch
Keyword(s):  
Cohesive Elements ◽  
Court Records ◽  
The People ◽  
The Relationship

This study is an attempt to unravel the complexity of preindustrial illicit forest abuse. By means of a survey on forest crime, together with associated existing fields of conflict,the importance of the forest for the people of the time, with particular emphasis on the illicit aspect, are illustrated. As an example, we have looked at the relationship between the forest wardens and forest offenders in Chur between 1750 and 1840. The focus of the analysis is on the ambivalence of this relationship, conditioned as it is by both conflictual and cohesive elements. Exerts taken from court records of the time illustrate the proximity of disagreements and collaboration.

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