Separation of powers in practice /
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 be...
| 第一著者: | |
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| フォーマット: | Licensed eBooks |
| 言語: | 英語 |
| 出版事項: |
Stanford, Calif. :
Stanford University Press,
©2004.
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| オンライン･アクセス: | https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&AN=125439 |
目次:
- Introduction
- Synopsis of the advantages of the separate branches of government
- Rules of the legislative process
- Statutory construction : the courts review the work of the legislature
- Stare decisis : the self-imposed constraint by the judicial branch not shared by the other branches
- The proper roles of government : the case of obnoxious speech
- The exclusionary rule : when is a matter constitutional, when is it only policy?
- Affirmative action : the use of race by government
- The Fiesta Bowl : unintended consequences of judicial and legislative activism
- Defining constitutional rights : Roe v. Wade
- The Civil Rights Act of 1992 : the burden of proof as a judicial function used to achieve a legislative result
- Two statutes, a hundred years apart : when court interpretation changes between and after two separate legislative acts
- When the Supreme Court does not do its job : the Second Amendment
- Methods of solving disputes between (and within) the branches of federal government : legislative vetoes, delegation to agencies, courts' equity powers
- Another method of solving interbranch disputes : legislators going to court to sue the executive branch.