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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


The Procedural Tools of Interpretive 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/9780199737987.003.0010
Subject:
Law, Constitutional and Administrative Law

The preceding positive account provides foundation for Chapter Ten’s critical normative claim: that federalism bargaining is not only a pragmatic solution to a problem of doctrinal uncertainty, but ... More


Redeeming the People

David C. Williams

in The Mythic Meanings of the Second Amendment: Taming Political Violence in a Constitutional Republic

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300095623
eISBN:
9780300127553
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095623.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter argues that in making a constitutional organization of violence which is relevant to the Framers' view and more useable to modern needs, there is a requirement to attend to two ... More


From Hierarchy to Pluralism

Aida Torres Pérez

in Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.003.0004
Subject:
Law, EU Law

This chapter critically analyzes current institutional models addressing rights' conflicts in the EU. Much of the academic debate has focused on whether state constitutions or EU Treaties should be ... More


Explaining Performance I: The Impact of Governance Institutions and Bureaucratic Cultures

Patrick Dunleavy, Helen Margetts, Simon Bastow, and Jane Tinkler

in Digital Era Governance: IT Corporations, the State, and e-Government

Published in print:
2006
Published Online:
October 2011
ISBN:
9780199296194
eISBN:
9780191700750
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296194.003.0004
Subject:
Business and Management, Information Technology, Political Economy

This chapter looks at how far differences in public management and public administration factors seem to shape countries' divergent experiences with government IT development. It examines four key, ... More


Toward Balance in Federalism

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/9780199737987.003.0012
Subject:
Law, Constitutional and Administrative Law

Balanced Federalism encourages more thoughtful and transparent balancing between the competing values of good governance at the heart of American federalism. It more effectively leverages the ... More


Checks, balances and popular participation: Rousseau as a constitutionalist

Mads Qvortrup

in The Political Philosophy of Jean-Jacques Rousseau: The Impossibility of Reason

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719065804
eISBN:
9781781700495
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065804.003.0003
Subject:
Political Science, Political Theory

Often presented as a proto-totalitarian, Rousseau has traditionally been seen as an opponent of constitutionalism, checks and balances, and the separation of powers. Following a brief overview of the ... More


A Democratic Constitution for Public Education

Paul T. Hill and Ashley E. Jochim

Published in print:
2014
Published Online:
May 2015
ISBN:
9780226200545
eISBN:
9780226200712
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226200712.001.0001
Subject:
Education, Educational Policy and Politics

The book focuses on governance of K-12 public schools. Governance – the work of institutions that set the rules under which schools must operate – can protect children and prevent misuse of public ... More


Tocqueville, Democracy, and Religion: Checks and Balances for Democratic Souls

Alan S. Kahan

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199681150
eISBN:
9780191761256
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199681150.001.0001
Subject:
History, American History: 19th Century, Political History

The relationship between democracy and religion is as important today as it was in Alexis de Tocqueville’s time. Tocqueville, Democracy, and Religion: Checks and Balances for Democratic Souls is a ... More


A Moral Map of Constitutional Polyphony

Dimitrios Kyritsis

in Where Our Protection Lies: Separation of Powers and Constitutional Review

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199672257
eISBN:
9780191751295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199672257.003.0002
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter articulates the conception of separation of powers that underpins the account of constitutional review advanced in this book. Like all constitutional law, separation of powers must be ... More


Dangerous Liaisons: Separation of Powers and Checks and Balances

András Sajó and Renáta Uitz

in The Constitution of Freedom: An Introduction to Legal Constitutionalism

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198732174
eISBN:
9780191796524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198732174.003.0005
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter examines the idea of separating distinct governmental functions into at least three branches (horizontal separation) as a means to safeguard individual liberty. The three branches of ... More


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