The Constitutional Politics of the Executive Branch

Author(s):  
Mark Tushnet ◽  
Mark A. Graber ◽  
Sanford Levinson ◽  
Mariah Zeisberg
Author(s):  
Kevin M. Baron

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.


Author(s):  
Ryzhyuk Yevgeny

The subject of the research is a set of institutional institutions and organizational and managerial relations that effectively regulate the financial and investment environment in the EU countries, comparing them with Ukrainian realities.The goal of writing this article is to develop practical and scientific-methodicalrecommendations on how to increase the efficiency of using financial and investment potential based on the experience of EU countries. The methodology of thework-system-structural and comparative studies (to understand the logic of thefunctioning of institutions that form the investment environment and the mechanisms of their interaction); monographic analysis (in studying the problems ofattracting investors); historical and economic analysis (in assessing the state andprospects of the European, as well as the Ukrainian economy). Results of work -it is revealed that modern European regulators are aimed at forming a holisticinvestment and financial infrastructure and investment platform at the supranational level. It was proposed to carry out further liberalization of currency regulation in Ukraine in order to transform it into a convenient and efficient electronicautomated currency exchange system and introduce the integration of the domestic depository system into the international depositary clearing system Clearstream.It was noted that the financial and investment environment in Ukraine is blockedand domestic monopolies are interested in this, thanks to lobbying in the Verkhovna Rada of Ukraine and in the executive branch they have distorted financial,investment and currency legislation for their interests and needs. Conclusions-thepresence of a holistic investment and financial infrastructure in the EU countriesis due to the gradual convergence and unification of legislation at the nationallevel to the supranational level. In addition, it is reasonably high investment positions of Ireland in the world and it was proposed to use this experience to createa favorable financial and investment environment in Ukraine. Note that the formation of the financial and investment environment in Ukraine according to European standards is hampered by: oligarchic monopolies, which parasitizes mainly onnatural monopolies; government corruption; confusing and incomprehensible legislation for investors; high tax rates and tax administration system; instability ofthe banking system, the risks of hryvnia devaluation; the insecurity of landagrarian relations; as well as armed conflict in the east of Ukraine.


1982 ◽  
Vol 21 (3) ◽  
pp. 255-257
Author(s):  
Zafar Mahmood

The world in its politico-economic aspects is run by policy-makers who have an academic background in law or public administration or other related social disciplines including economics. Only rarely would a majority of the policy-makers be trained in economics. In the making of economic policy, the basic choices before the policy-makers are political and they transcend the narrow concerns of economists regarding optimal use of resources. These considerations in no way downgrade the relevance of economic analysis in economic policy-making and for the training of policy-maker in economics. Policy-makers need economic council to understand fully the implications of alternative policy options. In this book, Wolfson attempts to educate policy-makers in the areas of public finance and development strategy. The analysis avoids technicalities and is kept to a simple level to make it understandable to civil servants, law-makers and members of the executive branch whom Wolfson refers to as policy-makers. Simplicity of analysis is not the only distinguishing mark of this book. Most other books on public finance are usually addressed to traditional public finance issues relating to both the revenue and expenditure sides of the budget and neglect an overall mix of issues dealing with the interaction of fiscal policy with economic development. Wolfson in this book explicitly deals with these issues.


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):  
Motohiro Tsuchiya

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.


Author(s):  
Javier Corrales

The chapter presents a summary of main findings and discusses their implications. The book’s main finding is that extreme power asymmetry on behalf of the Incumbent creates the conditions for institutional change that empowers mostly the executive branch. A large power differential between the Incumbent and the Opposition encourages the Incumbent to seize the advantage to initiate bold, self-serving institutional change, sometimes even a constitutional overhaul. If the latter gets underway, and power asymmetry stays pro-Incumbent, chances are the new constitution will expand the powers of the Executive branch. This outcome, in turn, can spread discontent across Opposition forces and sometimes encourage the Incumbent to govern more unilaterally. This presents a potential threat to democracy. The chapter concludes by discussing the implications of this finding for different literatures: democratization, constitution-making, presidential powers, and government-Opposition relations.


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