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Credit Assignment and Federal Encroachment
Bednar, Jenna - 2007
opportunistically. The federal problem of credit assignment exposes a weakness in the political safeguards theory to protect federalism …. Theories of electoral and political safeguards of federalism suggest that the political process protects federalism …'s boundaries. This article develops a theory distinguishing risk-seeking and risk-avoiding political behavior and applies its …
Persistent link: https://www.econbiz.de/10014056462
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Negotiating Federalism and the Structural Constitution : Navigating the Separation of Powers Both Vertically and Horizontally (A Response to Aziz Huq)
Ryan, Erin - 2015
vertical-federalism context. Indeed, at the margins between state and federal authority, executive and legislative authority …-of-powers analyses in the federalism literature, this new wave of bargaining-literate scholarship emphasizes the usefulness and …
Persistent link: https://www.econbiz.de/10014036139
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Constitutional Craftsmanship and the Rule of Law : Organizational Arrangement, Moral Imagination, and the Separation of Powers
Rajagopalan, Shruti - 2013
Is "rule of law" anything more than a fictional allusion? After all, "law" is an abstract noun, and abstract nouns can't rule. Only people can rule. Rule of law is a fiction, one that has been around since ancient times. Whether, or under what circumstances, rule of law might be an ideal type...
Persistent link: https://www.econbiz.de/10013083324
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Review : Dimitrios Kyritsis, Where Our Protection Lies: Separation of Powers and Constitutional Review
Crummey, Conor - 2018
Persistent link: https://www.econbiz.de/10012927768
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Election 2016 and the Structural Constitution : A Preliminary Framing
Stearns, Maxwell L. - 2016
As part of Maryland Carey Law School's annual Constitution Day program, on the topic of “Election 2016 and the Structural Constitution,” Professor Stearns welcomed the guests and introduced his three co-panelists: Professor Paula Monopoli, Professor Larry Gibson, and Professor Robert...
Persistent link: https://www.econbiz.de/10012981830
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The Lockean Constitution : Separation of Powers and the Limits of Prerogative
Jenkins, David - 2016
Lockean constitutional theory for normative support, the author develops an alternative constitutional model that addresses … because it is a breach of the constitution. After setting out Locke’s theory of separation of powers, the author presents a …
Persistent link: https://www.econbiz.de/10014176487
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The Prosecution of Public Figures and the Separation of Powers : Confusion within the Executive Branch - a Conceptual Framework
van Aaken, Anne; Salzberger, Eli; Voigt, Stefan - 2005
Criminal investigation and prosecution of politicians, top civil servants and other public figures are topics frequently discussed in the media. The nature of the investigating or prosecuting authority varies between countries - from the general public prosecutor, through magistrates to...
Persistent link: https://www.econbiz.de/10014071821
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Separation of Powers and the Macroeconomic Constitution
Leitão Amaro, António - 2023
The rise of independent institutions, particularly central banks, and the increasing significance of the interplay between monetary, fiscal, and financial policies demand a critical reassessment of modern macroeconomic constitutions and their institutional architectures.The paper's core focus...
Persistent link: https://www.econbiz.de/10014350741
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How 'Supreme' Can Treaties Be in a Federal System of Separated Powers?
Glashausser, Alex - 2009
This paper examines the role of courts in interpreting treaties and discusses whether the federal government can assure treaty partners that international obligations will be interpreted in a certain way. It concludes that because the judiciary is an independent branch separate from the...
Persistent link: https://www.econbiz.de/10014207535
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Political yardstick competition, economic integration, and constitutional choice in a federation
Bodenstein, Martin; Ursprung, Heinrich W. - 2001
This paper investigates the behavior of rent-seeking politicians in an environment of increasing economic integration. The focus of the paper is on the implications of globalization-induced political yardstick competition for constitutional design with a view to the current discussion in the...
Persistent link: https://www.econbiz.de/10011398918