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The New Separation of Powers: A Theory for the Modern State

Eoin Carolan

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

This book develops a new model of the separation of powers theory for the administrative state. The traditional tripartite separation of powers theory does not reflect the way in which modern ... More


Representation as Responsiveness

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:
10.1093/0199274908.003.0004
Subject:
Political Science, International Relations and Politics

Develops a theory of representation that can guide the democratization of societies of great and even global scope. Kuper elucidates the institutional conditions necessary for (1) good judgements ... More


Power and Responsibility

Christopher K. Ansell

in Pragmatist Democracy: Evolutionary Learning as Public Philosophy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199772438
eISBN:
9780199918997
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199772438.003.0007
Subject:
Political Science, Political Theory

With the exception of Mary Parker Follett’s work, Pragmatists have not developed an explicit approach to managing power. This chapter argues that Pragmatism can broadly adopt a separation-of powers ... More


The Politics of Judging

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.003.0005
Subject:
Political Science, Comparative Politics

The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most ... More


The Community Method

Giandomenico Majone

in Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.003.0003
Subject:
Political Science, European Union

The Community system is not based on separation of powers but on representation of interests. Each European institution is the bearer of a particular, national or supranational interest, which it ... More


An Incentive Theory of the Separation of Powers

Jean‐Jacques Laffont

in Incentives and Political Economy

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199248681
eISBN:
9780191596575
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199248680.003.0003
Subject:
Economics and Finance, Microeconomics

The design of a complete Constitution is further augmented by focusing on the need for separation of powers to avoid regulatory capture. The economic concepts used are yardstick competition and ... More


Republican Forms: Constitutionalism and Democracy

Philip Pettit

in Republicanism: A Theory of Freedom and Government

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198296423
eISBN:
9780191600081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296428.003.0007
Subject:
Political Science, Political Theory

The republican state must not only seek to combat the effects of dominium in giving rise to domination, it must also guard against the domination that can be associated with the imperium of ... More


Parliamentary Government or Division of Powers: Is the Destination Still Unknown?

Michael Shackleton

in The State of the European Union Vol. 7: With US or Against US? European Trends in American Perspective

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199283958
eISBN:
9780191603297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199283958.003.0006
Subject:
Political Science, European Union

The increasing power of the European Parliament has been one of the most steady and striking developments of Europe’s past several decades. Most analyses of the EP tend to see this process as moving ... More


Slovakia: From the Ambiguous Constitution to the Dominance of Informal Rules

Darina Malová

in Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199244089
eISBN:
9780191600364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199244081.003.0013
Subject:
Political Science, Democratization

Describes the reasons behind the hastily drafted Constitution of Slovakia and explains why it proved insufficient to provide guidance to political leaders and to foster the consolidation of ... More


Russia: Limping Along Towards American Democracy ?

Peter Rutland

in American Democracy Promotion: Impulses, Strategies, and Impacts

Published in print:
2000
Published Online:
November 2003
ISBN:
9780199240975
eISBN:
9780191598999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240973.003.0012
Subject:
Political Science, International Relations and Politics

Questions the extent to which post‐communist Russia has indeed become a democracy. It examines the problems of Russian democracy in different areas such as elections, separation of powers, judicial ... More


State Constitutional Distribution of Powers

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/9780195343083.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter presents a general discussion of state constitutional distribution or separation of powers. The federal Constitution does not mandate any particular arrangement of governmental powers in ... More


Incentives and Political Economy

Jean-Jacques Laffont

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199248681
eISBN:
9780191596575
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199248680.001.0001
Subject:
Economics and Finance, Microeconomics

This book presents a detailed exposition of models of incentives in political economy using the tools of contemporary information economics. The emphasis is on small, loosely connected models that ... More


Dual Constitutions and Constitutional Duels

Jim Rossi

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter demonstrates the conceptual payoff in the context of the interplay between state and national legislative and executive power by focusing on two recurring problems of cooperative ... More


Conclusion: The Federal Vision Beyond the Federal State

Kalypso Nicolaidis

in The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199245000
eISBN:
9780191599996
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199245002.003.0019
Subject:
Political Science, European Union

Fleshes out some of the common horizontal themes emerging from the book, and presents the broad elements of federal vision that have been discussed. The vision calls for five concurrent shifts in ... More


Thesis and antithesis: To check or not to check the Judiciary

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0005
Subject:
Law, Legal Profession and Ethics

This chapter analyses Network Community discourses in order to better expose the causal role of its hegemonic norms. Key assumptions held by the Community about the qualities of their agenda are ... More


The Federal Government

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0003
Subject:
Law, Constitutional and Administrative Law

The structure of the federal government of the United States is characterized by a pronounced application of the principle of separation of powers. A discussion of that principle provides a ... More


Constitutional Controls on Delegation

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0004
Subject:
Law, Constitutional and Administrative Law

A central issue in the discussion of delegation of governmental power to private actors is the extent to which governmental actors enjoy a capacity to delegate their power in the first instance. This ... More


Moderation and the “Intertwining of Powers”: Jacques Necker’s Constitutionalism

Aurelian Craiutu

in A Virtue for Courageous Minds: Moderation in French Political Thought, 1748-1830

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691146768
eISBN:
9781400842421
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691146768.003.0005
Subject:
Philosophy, Political Philosophy

This chapter examines political moderation in the writings of Jacques Necker, with particular emphasis on his views on constitutionalism. Necker occupies a special place in the history of political ... More


The New Architecture of Public Law

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0016
Subject:
Law, Public International Law

Modern governments have greatly expanded the range of their activities and now assume responsibility for furthering economic and social development, managing the economy, and providing for the ... More


A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Mel A. Topf

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the only comprehensive treatment of the history and controversies, the law and theories, about U.S. state supreme court advisory opinions. This significant but little studied area of ... More


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