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The Executive and Public Law: Power and Accountability in Comparative Perspective

Editat de Paul Craig, Adam Tomkins
en Limba Engleză Hardback – 10 noi 2005
For most of the past two hundred years or more - the grand era of national constitution-making - founding fathers and constitutional scholars alike seem to have focused more sharply on questions of legislative power than they have on executive power. Executive power, by contrast, they worried much less about and sought to delimit less thoroughly. The scope of executive power and its accountability are however endemic problems, which arise within federal and non-federal states. Nor are these issues unique to common law constitutional orders. Problems concerning the nature and delimitation of executive power also arise in civil law jurisdictions and in the European Union. Despite the historical constitutional focus on legislative power, it is executive authority which seems in the early 21st-century to be the more threatening. This book addresses two sets of questions that are under-researched in constitutional scholarship. What is the proper scope of executive authority, how is executive power delimited, and how should it be defined? How is executive authority best held to account, politically and legally? These questions are both descriptive and normative and they are addressed accordingly in each of the chapters by leading public lawyers from a variety of jurisdictions. The book examines executive power in the United Kingdom from a British and from a distinctively Scottish perspective. There are chapters on the four common law jurisdictions of Australia, New Zealand, Canada, and the United States; on the four civil law jurisdictions of France, Germany, Italy, and Spain; and on the European Union. This insightful comparative perspective allows themes to be drawn together, and lessons extracted on the nature of executive power and its accountability.
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Specificații

ISBN-13: 9780199285594
ISBN-10: 0199285594
Pagini: 384
Dimensiuni: 163 x 242 x 27 mm
Greutate: 0.73 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

The authors range widely, covering such topics as enhanced decentralisation in Italy (della Cananea, pp.254-256), the working out of the French revolutionary notion of the executive function as one of mere administration (Baranger, Ch.7), the interpretative competence of administrative tribunals in Canada (Sossin, pp.60-63), and recent US practice relating to war, surveillance, and detention of enemy combatants (Young, pp.178-187).
There would seem to be plenty of material here to excite the interest and feed the reflections of comparatively-minded public lawyers.
The Executive and Public Law is a high quality collection that contains a great deal of information about the legal responses to executive power around the world. The volume is particularly strong on executive-judicial relations. The material on the legal structure and accountability of administrative decision making should stimulate further comparative research.

Notă biografică

Paul CraigFellow and Tutor in Law, Worcester College, Oxford, 1976-1998; Readership 1990; Professor 1996; Professor of English Law, St. John's College, Oxford, 1998-Adam Tomkins1991-99, Lecturer, School of Law, King's College London1999-2000, Senior Lecturer, School of Law, King's College London2000-03, Fellow and Tutor in Law, St Catherine's College, Oxford2003-date, John Millar Professor of Public Law, University of Glasgow