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Blog of the International Journal of Constitutional Law
Home Posts tagged "separation of powers"
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Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 4 | Tension and Legality: Response to Commentators

—Margit Cohn, Hebrew University of Jerusalem Faculty of Law While writing this book, and after it was published, I hoped that academics would be interested in my work, to an extent that they would not only read the book but, hopefully, both understand its main points, and be driven to comment on some of the

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Published on July 27, 2021
Author:          Filed under: Reviews
 
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Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 3 | Thinking About Executive Power

—Conor Casey, University of Liverpool School of Law “There is nothing new under the sun” we are told in Ecclesiastes (1:9). This aphorism applies with particular force to public law scholarship, where we see the same conceptual and normative battles being waged in cyclical fashion by successive scholarly generations. Whether it’s over the pros and

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Published on July 24, 2021
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Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 2 | To the Executive Branch and Beyond

—Mark A. Graber, University of Maryland Carey School of Law Professor Margit Cohn has written a book that is terrific on two dimensions.  The first concerns substance. Readers will be a lot smarter than they were before reading A Theory of Executive Branch.  Professor Cohnhas much to teach constitutional scholars in the United States, the

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Published on July 24, 2021
Author:          Filed under: Reviews
 
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Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 1 | Politics as Law: Understanding How (Normatively and Descriptively) to Regulate the Executive Power

—Mark Tushnet, Harvard Law School I offer three comments on Professor Cohn’s terrific book, the first and second focused on the implications for law of her analysis, the third sketching a broader jurisprudential “take” on the material. 1. Justice Jackson’s categories. Early in the book, and reiterated later, Professor Cohn mentions Justice Jackson’s three categories

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Published on July 23, 2021
Author:          Filed under: Reviews
 
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Introduction: Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality

—Rivka Weill, Harry Radzyner Law School, IDC Professor Margit Cohn’s A Theory of the Executive Branch: Tension and Legality, published by Oxford University Press, could not have been timelier. It arrives on the bookshelves as democratic backsliding and the spread of Covid-19 redefine the relationship between the rule of law and executive power. In this

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Published on July 23, 2021
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Going It Alone: The Constitutionality, Feasibility, and Ulterior Motivation of Donald Trump’s COVID-19 Relief Orders

—Andrea Scoseria Katz, Washington University in St. Louis, School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It has been a big week for the power of the pen. Last week, just after imposing sanctions on Chinese media giants

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Published on August 12, 2020
Author:          Filed under: Developments
 
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In Malaysia, Eastminster Prevails

–Ganesh Sahathevan, Fellow, American Center for Democracy A decision of the Court of Appeal Malaysia handed down on 28 November 2019 suggests that “Eastminister” style exercise of powers by Malaysia’s Heads of State may no longer be the subject of judicial review once the Head of State’s preferred Head of Government can demonstrate by a simple

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Published on December 29, 2019
Author:          Filed under: Developments
 
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Can the President of the Slovak Constitutional Court Defend It?

—Simon Drugda, PhD Candidate at the University of Copenhagen For the fourth time since February, the Slovak Parliament failed to select candidates to replace constitutional judges whose term of office has expired. Only seven judges remain to run the most powerful court in the country. What is more, as the Parliament enters summer recess, the

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Published on July 2, 2019
Author:          Filed under: Analysis
 
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The Courts Respond to Executive Tyranny in Sri Lanka

–Mario Gomez, Executive Director, International Centre for Ethnic Studies (Sri Lanka); previously Lecturer at the University of Colombo The final three months of 2018 were challenging times for constitutional resilience and order in Sri Lanka. Almost four years since the peaceful political transition of 2015, the country plunged into a constitutional crisis when President Sirisena

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Published on January 24, 2019
Author:          Filed under: Analysis
 
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The Oldest-Newest Separation of Powers

—Yaniv Roznai, Senior Lecturer, Radzyner Law School, Interdisciplinary Center (IDC) Herzliya. Separation of powers is a basic idea within constitutional theory. The principle of separation of powers, as famously described by Montesquieu in his The Spirit of the Laws, centered around three governmental branches: legislative power, executive power and judging power; a separation that was needed

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Published on May 23, 2018
Author:          Filed under: Analysis