Tag: 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 points made.
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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.
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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.
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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.
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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.
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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.
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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 head count that he or she has the numbers to defend against a vote of no confidence.
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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.
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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 purported to sack Prime Minister Wickremesinghe on October 26, replacing him with former President Rajapakse.
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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 for preventing abuse of power through a power-block.[1]