Tag: Executive Power
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The Indian Constitution through the Lens of Power – II: The Legislature and the Executive
—Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In the opening post of this series, I proposed an approach to the Indian Constitution that views it as a terrain of contestation between different – and opposed –…
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The Malaysian General Election of 19 November 2022 and the Problem of the Hung Parliament
—Andrew Harding, Visiting Research Professor, Centre for Asian Legal Studies, National University of Singapore Over the last four years or so, Malaysian politics, which had been eminently predictable under dominant-coalition rule for 60 years, have been fluid and unpredictable to the point of extreme fragmentation.
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The Speck in the Prime Minister’s Eyes: Secrecy and Responsible Government in Australia
—Renato Saeger Magalhaes Costa, The University of Queensland Secrecy is widely believed to be the antithesis of democratic values. As a general rule, the electorate should always know what the government is doing, how decisions are made, and why a such-and-such course of action has been taken.
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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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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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Beyond Term Limits: Restraining Chief Executives in Africa
—Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] On 8 March 2021, the Mo Ibrahim Foundation announced that President Mahamadou Issoufou of Niger…
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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.