Introduction

2021 ◽  
pp. 1-12
Author(s):  
Jeffrey S. Sutton

This section introduces the topic by explaining the role that structure plays in protecting liberty and property rights. As illustrations, it explains how federalism offers a role for states and the national government to play in addressing pandemics, race discrimination, and criminal law. It explains how the states and federal government have adopted increasingly different forms of government over time. It then introduces the parts. Part I deals with the judicial branch. The second part of the book looks at current issues facing the executive branch in the state and federal systems. The third part of the book deals with the legislative branch. The fourth part of the book, all in Chapter 9, takes vertical separation of powers one step further: federalism within federalism. The fifth part of the book, all in Chapter 10, addresses the ultimate recourse of liberty: the freedom to change our fifty-one constitutions.

Atlanti ◽  
2016 ◽  
Vol 26 (2) ◽  
pp. 143-152
Author(s):  
Jelka Melik ◽  
Mateja Jeraj

The basic idea of the classic doctrine of separation of powers in the modern world, both in the legislative and executive branches of the state power, exceeded. Among all branches, in the judicial there were the least changes. Its role is becoming the most significant because of the control over the executive (administrative courts) and the legislative branch (Constitutional Justice). Because of this fact, archival records of the third branch of government are very important and irreplaceable in identifying and researching the past, searching and protecting the rights of natural and legal persons and solving professional issues. Judicial power is implemented primarily by courts, which are bound only by the law. Although they are state institutions, they are in general independent from the other branches of government, of the legislative with executive branch. Court‘s decisions directly affect the rights of different individuals and resolve disputes that arise between them. The most important juridical archives are court records, which are an important source for scientific research, legislation, literature and publications.


Author(s):  
Margit Cohn

This chapter provides the basis of the model advanced in the book. Based on the internal tension model, governing constitutionalism-at-large, the chapter submits that the executive is best viewed as straddling the line between subjection to law and dominance beyond law. This is no ‘paradox:’ embodying one of the tensions ingrained in constitutional law, the executive draws on an irresolvable tension between its role as executor of law, under the separation of powers ideal, and its function as manager, or dominant decision-maker in the political sphere, in which it acts above and beyond the law. Under the internal tension model, normative theory can be better expounded, and the extent of required constraints over excessive power can be better addressed. The chapter discusses, and rejects, three models of the executive branch, all of which are based on hierarchical and dichotomous thinking. The subservient executive model connotes full supremacy of the constitution and legislation over the executive; the imperial executive model draws on a vision of executive supremacy; and the third, bipolar model offers a vision of alternating modes of operation. All are set aside in favour of a model that recognizes the internal tension which underlies executive action.


2021 ◽  
Vol 3 (4) ◽  
pp. 36-42
Author(s):  
I. A. Lavrov

It is generally believed that, based on the principle of separation of powers, the branches of government are endowed with independence from each other and equality among themselves, which means that they can control and balance each other’s activities. This principle can also be considered true for politicians, representatives of each of the branches of government. Bureaucrats holding positions in the executive branch are politically equal to electocrats in the legislative branch. At the same time, bureaucrats and electocrats are politicians of different kinds, they have a large number of differences in their powers, functions, rights, and competencies. But does this principle remain immutable for the Russian political system de facto? Are bureaucrats and electocrats so different from each other in Russia? The present study, analyses the biographies of 800 politicians of the Russian Federation who hold public positions in the executive and legislative authorities of all three levels: federal, regional, and municipal. The analysis allowed us to reveal the specifics of recruitment and circulation of personnel in the Russian political system, which makes it possible to speak with a high degree of probability about the trends in the development of the Russian establishment as a whole.


1999 ◽  
Vol 33 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Aharon Barak

There are three constitutional branches: the legislative branch, the executive branch, and the judicial branch, and they are the product of our constitution, our Basic Laws. They are of equal status, and the relationship between them is one of “checks and balances”. This system is designed to assure that each branch operates within the confines of its authority, for no branch may have unlimited powers. The purpose of checks and balances is not effective government; its purpose is to guarantee freedom.In this system of powers, the task of the judicial branch is to adjudicate conflicts according to the laws. For that purpose, the judicial branch has to perform three principal functions. The first is concerned with determining the facts. From the entirety of the facts, one should determine those facts which are relevant to adjudicating the conflict. The second function is concerned with determining the law. The third function is concerned with applying the law to the facts, and drawing the appropriate judicial conclusion.


1988 ◽  
Vol 5 (2) ◽  
pp. 285-287
Author(s):  
Akbar S. Ahmed

One of the great paradoxes of the modern world is that India, the land that produced such major world religions as Buddhism Jainism is now torn apart by caste and communal violence. Pakistan and Sri Lanka, like India, face severe ethnic problems. Law and order are to be emphasized. Caste and community must be protected by the executive branch of the Indian Government. This bas been laid down in the rules framed by the legislative branch. When this is not done there is a breakdown. No one is safe and no group is secure. In India today this is clearly the case. This book by M. J. Akbar is a collection of 15 journalistic pieces, written for Akbar's newspaper and magazine, The Telegraph and Sunday over the last decade. Because it is journalism, the important "burning" issues are covered such as the Moradabad massacre in 1980, the slaughter of the Uttar Pradesh Harijans in 1981 and the ongoing Babri Masjid controversey. It is journalism, but the writing is of high quality and evocative: "It is early morning and a mist lies on the river, making the pre-dawn haze more blurred. A part of the Howrah Bridge looms through the gauze, like a picture deliberately created by a photographer in search of art. The fires are out." (p. 170) Akbar's material is hard, brittle, compelling stuff. He writes with the passion of the committed and his commitments are to secularism, to humanity, to the truth, as he sees it, on the ground. Here, a brief account of Dr. Akbar's cultural background seems appropriate: He was born in 1951 and has become the English-speaking voice of post-Midnight's Children of India. The significance of post 1947 independence as a dividing line is generally not fully appreciated. Missing is the literary, sentimental romanticism of the earlier Indian generation of writers. Don Moraes and Ved Mehta already appear as dated figures of the past. Their India is another country. In Akbar's background there is no punting on English rivers, laboring at Oxford intonations, getting drunk after the Oxford-Cambridge boat race nor leisurely reading of the English romantic poets on the banks of the Cam. Akbar lives in the urban nightmare of Calcutta and in his nostrils is the smell of burning flesh and rotting corpses. Missing, though he is aware of the loss, is the romantic vision of Nehru and the religious idealism of Gandhi. Akbar is an Indian writing with a white-hot pen for Indians of today's India ...


Author(s):  
William W. Franko ◽  
Christopher Witko

The authors conclude the book by recapping their arguments and empirical results, and discussing the possibilities for the “new economic populism” to promote egalitarian economic outcomes in the face of continuing gridlock and the dominance of Washington, DC’s policymaking institutions by business and the wealthy, and a conservative Republican Party. Many states are actually addressing inequality now, and these policies are working. Admittedly, many states also continue to embrace the policies that have contributed to growing inequality, such as tax cuts for the wealthy or attempting to weaken labor unions. But as the public grows more concerned about inequality, the authors argue, policies that help to address these income disparities will become more popular, and policies that exacerbate inequality will become less so. Over time, if history is a guide, more egalitarian policies will spread across the states, and ultimately to the federal government.


Author(s):  
Ben Epstein

This chapter shifts the focus to the third and final stabilization phase of the political communication cycle (PCC). During the stabilization phase, a new political communication order (PCO) takes shape through the building of norms, institutions, and regulations that serve to fix the newly established status quo in place. This status quo occurs when formerly innovative political communication activities become mundane, yet remain powerful. Much of the chapter details the pattern of communication regulation and institution construction over time. In particular, this chapter explores the instructive similarities and key differences between the regulation of radio and the internet, which offers important perspectives on the significance of our current place in the PCC and the consequences of choices that will be made over the next few years.


Author(s):  
James E. Baker

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.


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