For most of the past two hundred years or more - the grand era of national constitution-making - founding fathers and constitutional scholars alike seem to have focused more sharply on questions of legislative power than they have on executive power. Executive power, by contrast, they worried much less about and sought to delimit less thoroughly. The scope of executive power and its accountability are however endemic problems, which arise within federal and non-federal states. Nor are these issues unique to common law constitutional orders. Problems concerning the nature and delimitation of executive power also arise in civil law jurisdictions and in the European Union. Despite the historical constitutional focus on legislative power, it is executive authority which seems in the early 21st-century to be the more threatening. This book addresses two sets of questions that are under-researched in constitutional scholarship. What is the proper scope of executive authority, how is executive power delimited, and how should it be defined? How is executive authority best held to account, politically and legally? These questions are both descriptive and normative and they are addressed accordingly in each of the chapters by leading public lawyers from a variety of jurisdictions. The book examines executive power in the United Kingdom from a British and from a distinctively Scottish perspective. There are chapters on the four common law jurisdictions of Australia, New Zealand, Canada, and the United States; on the four civil law jurisdictions of France, Germany, Italy, and Spain; and on the European Union. This insightful comparative perspective allows themes to be drawn together, and lessons extracted on the nature of executive power and its accountability.
Les mer
Talks about the definition of executive power and the ways in which it can be rendered accountable. This book explores the nature of executive power in different legal systems such as Britain, Scotland, Canada, Australia, New Zealand, France, Germany, Italy, Spain and the EU, and seeks to draw lessons and insights from the comparative perspective.
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England ; Scotland ; Australia ; New Zealand ; Canada ; USA ; EU ; France ; Germany ; Italy ; Spain
The authors range widely, covering such topics as enhanced decentralisation in Italy (della Cananea, pp.254-256), the working out of the French revolutionary notion of the executive function as one of mere administration (Baranger, Ch.7), the interpretative competence of administrative tribunals in Canada (Sossin, pp.60-63), and recent US practice relating to war, surveillance, and detention of enemy combatants (Young, pp.178-187).
Les mer
Accountability of executive power is highly topical in the wake of the Iraq war, and the Guantanamo Bay detainees Uniquely approaches the issue of the nature of executive power from a comparative legal perspective Addresses the question of the correct delimitation of executive power, and how best to hold it politically and legally to account
Les mer
Paul Craig Fellow and Tutor in Law, Worcester College, Oxford, 1976-1998; Readership 1990; Professor 1996; Professor of English Law, St. John's College, Oxford, 1998- Adam Tomkins 1991-99, Lecturer, School of Law, King's College London 1999-2000, Senior Lecturer, School of Law, King's College London 2000-03, Fellow and Tutor in Law, St Catherine's College, Oxford 2003-date, John Millar Professor of Public Law, University of Glasgow
Les mer
Accountability of executive power is highly topical in the wake of the Iraq war, and the Guantanamo Bay detainees Uniquely approaches the issue of the nature of executive power from a comparative legal perspective Addresses the question of the correct delimitation of executive power, and how best to hold it politically and legally to account
Les mer

Produktdetaljer

ISBN
9780199285594
Publisert
2005
Utgiver
Vendor
Oxford University Press
Vekt
727 gr
Høyde
242 mm
Bredde
163 mm
Dybde
27 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
384

Biographical note

Paul Craig Fellow and Tutor in Law, Worcester College, Oxford, 1976-1998; Readership 1990; Professor 1996; Professor of English Law, St. John's College, Oxford, 1998- Adam Tomkins 1991-99, Lecturer, School of Law, King's College London 1999-2000, Senior Lecturer, School of Law, King's College London 2000-03, Fellow and Tutor in Law, St Catherine's College, Oxford 2003-date, John Millar Professor of Public Law, University of Glasgow