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The Problem of Enforcement Abuse

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0012
Subject:
Political Science, Political Theory

The Single Power Principle specifies that there must exist, somewhere in society, a coercive monopoly of power. Adherence to this principle leads to serious risks of enforcement abuse because of ... More


The Role of the Courts: Tenth Amendment Balancing

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter Six offers a preliminary exploration of how Balanced Federalism theory would depart from the status quo, imagining the strongest judicial role within such a model. It sets forth the ... More


Mixing Democracy: Lessons from around the World

Frank Hendriks

in Vital Democracy: A Theory of Democracy in Action

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199572786
eISBN:
9780191722370
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572786.003.0008
Subject:
Political Science, Comparative Politics, Political Theory

Referring to the empirical exploration in the previous chapters, it is concluded in this chapter that real democracy – wherever it is practised with some level of success – is always hybrid ... More


 Egalitarian Politics: Constitution, Class, and the Book of Deuteronomy

Joshua A. Berman

in Created Equal: How the Bible Broke with Ancient Political Thought

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195374704
eISBN:
9780199871438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374704.003.0003
Subject:
Religion, Judaism, Biblical Studies

This chapter examines how Deuteronomy offers an egalitarian political prescription for the shape of Israelite society and its leadership regime. The program is egalitarian in that it attenuates, in ... More


The Partiality Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0007
Subject:
Political Science, Political Theory

The partiality problem refers to the need to (1) allow persons to pursue their own partial interests including the interests of those to whom they are partial, (2) while somehow taking into account ... More


Federalism and the Tug of War Within

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0002
Subject:
Law, Constitutional and Administrative Law

Chapter two takes on the critical question of why the Constitution establishes a federal system at all. After considering the political origins of federalism, the fraught relationship between ... More


Balancing Executive Power

Deirdre Curtin

in Executive Power of the European Union: Law, Practices, and the Living Constitution

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199264087
eISBN:
9780191718281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264087.003.0003
Subject:
Law, EU Law

This chapter focuses on the internal ordering of executive power within the EU political system and discusses the manner in which executive power is balanced by the other ‘countervailing’ powers in ... More


Introduction: Walking the Tightrope

Andrew Kuper

in Democracy Beyond Borders: Justice and Representation in Global Institutions

Published in print:
2004
Published Online:
November 2004
ISBN:
9780199274901
eISBN:
9780191601552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274908.003.0001
Subject:
Political Science, International Relations and Politics

In the face of globalization, an international political system based on states is unable to meet daunting political challenges that confront our world. Is it possible to develop a global order that ... More


The Pre-federal State Constitutions: The Founding Decade

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0002
Subject:
Law, Constitutional and Administrative Law

Most of the American states adopted constitutions in the decade prior to the federal constitutional convention. There were two major “waves” of state constitution-making. The first wave was hasty, ... More


In Search of Checks and Balances at Home and Abroad

Sergei Rogov

in Conversations on Russia: Reform from Yeltsin to Putin

Published in print:
2006
Published Online:
October 2011
ISBN:
9780195300611
eISBN:
9780199850754
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195300611.003.0009
Subject:
Economics and Finance, Economic History

Sergei Rogov is director of the Moscow Institute of USA and Canada Studies. Rogov's institute is a leading think tank under the Russian Academy of Sciences, which provides advisory input on foreign ... More


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