How the Doctrine of Separation of Power Works in the American Presidential System and Ethiopian Parliamentary System

Author: Wondwossen Mengistu
Publisher: GRIN Verlag
ISBN: 3668629056
Format: PDF
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Academic Paper from the year 2017 in the subject Politics - International Politics - General and Theories, grade: A, Ethiopian Civil Service University (law and federalism), course: survey of constitutional system, language: English, abstract: The principle of separation of power is one of the oldest constitutional principles in most of the world countries. It refers to the idea that the major institutions of state should be functionally independent and that no individual should have powers that span these offices. The principal institutions are usually taken to be the executive, the legislature and the judiciary. In early accounts, such as Montesquieu’s “The Spirit of the Laws”, the separation of powers is intended to guard against tyranny and preserve liberty. It was held that the major institutions should be divided and dependent upon each other so that one power would not be able to exceed that of the other two. As mentioned earlier most countries of the world both presidential and parliamentary form of government incorporated this doctrine in their constitutions with a certain degree of disparity. American Presidential system with strict separation among the three branches of government, the oldest constitution in the world dating 227 years. On the other hand, all parliamentary systems of government including Ethiopia apply the principle with a certain fusion of power mainly among the executive and legislative organs of government. Cognizant of the above fact as background knowledge, this paper tries to explore American presidential system versus Ethiopian parliamentary system of government based on the original doctrine of montesques separation of power. Thus it is organized in to three parts. The first part deals with the original doctrine of separation of power and its goal. The second part briefly discuss and evaluates the extent to which 1) the executive and legislature; 2) the executive and judiciary; and 3) the judiciary and legislature now overlap and interact in the united state of American presidential and Ethiopian parliamentary system of governments. Last but not the least deals with modifications made by the Americans to the original principle.

Separation of Power

Author: Vince Flynn
Publisher: Simon and Schuster
ISBN: 1439135738
Format: PDF
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With CIA director Thomas Stansfield dead, his protege, Dr. Irene Kennedy, is poised to take over the reins of the agency, while CIA operative Mitch Rapp heads to the Middle East to try to stop the chaos that could ignite World War III. Reprint.

SEPARATION OF POWER Die Macht

Author: Vince Flynn
Publisher: Festa
ISBN: 3865526926
Format: PDF, ePub
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Undercover-Einsatz für den Weltfrieden Der Irak lässt mit Hilfe von Nordkorea nukleare Sprengköpfe in einem unterirdischen Bunker produzieren. Zumindest laut den Informationen, die Israel den Vereinigten Staaten zuspielt. Mitch Rapp taucht in die verwinkelten Straßenschluchten von Bagdad ab, um den drohenden Atomkrieg abzuwenden. Ärger droht auch vor der eigenen Haustür: Intrigante Politiker boykottieren mit allen Mitteln die Ernennung von Irene Kennedy zur neuen CIA-Chefin. Sie wollen den Geheimdienst entmachten und ihre egoistischen Interessen vorantreiben. Privat steht Mitch nach einer Begegnung mit der Vergangenheit ebenfalls vor einem Scherbenhaufen. Ein atemloser Action-Marathon mit Mitch Rapp. Erstmals in ungekürzter Übersetzung. Publishers Weekly: 'Pausenlose Action und Spannung.' AllReaders.com: 'Ein sagenhafter Agenten-Thriller, der das Tempo für keine Sekunde drosselt.' People Magazine: 'Pfeilschnell wie eine Stinger-Rakete.

Separation of Powers in Practice

Author: Thomas Campbell
Publisher: Stanford University Press
ISBN: 0804750270
Format: PDF, Kindle
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Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

The Separation of Powers in the Contemporary Constitution

Author: Roger Masterman
Publisher: Cambridge University Press
ISBN: 1139494295
Format: PDF, Mobi
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In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

The Evolution of the Separation of Powers

Author: David Bilchitz
Publisher: Edward Elgar Publishing
ISBN: 1785369776
Format: PDF, Mobi
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To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.

The Rule of Law and the Separation of Powers

Author: Richard Bellamy
Publisher: Routledge
ISBN: 135154070X
Format: PDF
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The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

The New Separation of Powers

Author: Eoin Carolan
Publisher: Oxford University Press on Demand
ISBN: 0199568677
Format: PDF
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This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.