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The Royal Prerogative and Constitutional Law
Author: Noel Cox
Publisher: Routledge
Published: 2020-08-31
Total Pages: 285
ISBN-13: 1000171566
DOWNLOAD EBOOK →This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.
Presidential Defiance of Unconstitutional Laws
Author: Christophe May
Publisher: Praeger
Published: 1998-08-20
Total Pages: 246
ISBN-13:
DOWNLOAD EBOOK →Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.
The Veiled Sceptre
Author: Anne Twomey
Publisher: Cambridge University Press
Published: 2018-04-12
Total Pages: 913
ISBN-13: 1107056780
DOWNLOAD EBOOK →The extension to other Realms of the reserve power to refuse a dissolution
Reforming the Prerogative
Author: Robert Hazell
Publisher:
Published: 2022
Total Pages: 320
ISBN-13: 9781509951475
DOWNLOAD EBOOK →"The concept of the prerogative is still a source of mystery to most observers; this book demystifies it. It clarifies the respective roles of government, Parliament and the courts, in defining the extent of prerogative powers, and regulating their use in specific cases, and looks at the powers which should be codified in statute and which should be regulated by convention, and which could be left at large. The book considers the role of Parliament; and if Parliament is to have a stronger role, what additional powers or resources it might need to exercise that role responsibly. In their 2019 election manifesto, the Conservative party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative; ...' The prerogative has traditionally remained in the shadows, but the fevered parliamentary debates over Brexit thrust it centre stage. The controversies ranged from the role of parliament in assenting to treaties, to the prorogation and dissolution of parliament, to the grant or withholding of Royal Assent. This book provides a clear and full analysis of the function of the royal prerogative in the changing landscape of the British constitution."--
Presidential Defiance of Unconstitutional Laws
Author: Christophe May
Publisher: Praeger
Published: 1998-08-20
Total Pages: 0
ISBN-13: 031330064X
DOWNLOAD EBOOK →Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.
The Oxford Handbook of the Canadian Constitution
Author: Peter Crawford Oliver
Publisher: Oxford University Press
Published: 2017
Total Pages: 1169
ISBN-13: 0190664819
DOWNLOAD EBOOK →The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
The President Who Would Not Be King
Author: Michael W. McConnell
Publisher: Princeton University Press
Published: 2022-02-15
Total Pages: 440
ISBN-13: 0691234191
DOWNLOAD EBOOK →Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
Studies on Presidential Power in Foreign Relations
Author: Law Library of Congress
Publisher: CreateSpace
Published: 2014-09-27
Total Pages: 30
ISBN-13: 9781502519894
DOWNLOAD EBOOK →The Executive Branch relies in part on the “sole organ” doctrine to define presidential power broadly in foreign relations and national security, including assertions of an inherent executive power that is not subject to legislative or judicial constraints. The doctrine draws from a statement by John Marshall when he served in the House of Representatives in 1800: “The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.” The Supreme Court, in United States v. Curtiss-Wright (1936), cited Marshall's speech in arguing for inherent presidential powers in external relations. When read in context, however, Marshall's speech does not support an independent, extra-constitutional or exclusive power of the President in foreign relations. The concept of an Executive having sole power over foreign relations borrows from other sources, including the British model of a royal prerogative.
Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Published: 2019-10-16
Total Pages: 201
ISBN-13: 1000707970
DOWNLOAD EBOOK →This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
