... of the common law tradition in present-day scholarship. legal history tradition copyright executive power British Empire eighteenth century This article’s purpose is to advance a new interpretation of 18th-century common law thought. Legal scholars often treat that period as an age of juristic consensus...

... COURT OF APPEAL (Waller, May and Jacob L.JJ July 27, 28 and October 20, 20051 [2005] EWCA 1191; [2006] R.P.C. 9 Derogations; Directives; Executive power; Implementation; Registered design right; Statutory interpretation...

...The concluding chapter reviews the secrecy dilemma and draws out several implications relevant to debates about national security leaks, institutional changes, innovations in oversight, and executive powers. Secrecy, classification, and transparency costs have been in the news, as the public has...

...Sherman was elected to the House of Representatives for the first federal Congress, and in 1791 he was appointed to the U.S. Senate. He made important contributions in debates over representation, executive power, revenue, the assumption of state debt, the proper scope of the national government...

...The most divisive issues in the debates that led to the Constitutional Treaty concerned executive power, and the ‘solutions’ embodied in that Treaty were largely carried over into the Lisbon Treaty. This chapter examines the tensions concerning executive power and the way in which they were...

... Professor of Public Law, University of Minister. German constitutional law adopts a unitary notion of executive power. The cardinal provision of the German Constitution or Grundgesetz, distinguishes the two other powers — those of the legislature and the judiciary from...

... Professor of English Law, St. John's College, Oxford. Locating executive power and determining the mechanisms by which it is held to account is important within any polity. It is seen that the legal and political reality is that executive power is shared within the European Union (EU...

...This chapter describes the implications of the results for circumstances in which presidents do not have better information than citizens. Citizens' policy preferences have a substantial impact on the president's role in policymaking, both in terms of executive power and decision making. When...

... respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified...

... of executive power over legislative power. As Gel'man notes, from 1993 we see the development of a hierarchical chain of executive authority. Presidential decrees adopted over the period 1993–94 brought an end to the assemblies’ rights of confirmation of the appointment of chief executives and members...

...In many respects, the presidency envisioned by the founders of the American constitution was to be a passive agent of Congress. Historically under a monarchial rule, Americans have become greatly suspicious of executive power. As a result, a deliberate attempt was made to limit...

...This chapter examines the development of Tynwald, the legislature of the Isle of Man, in the period from 1980 to 1996, during which time the executive power was concentrated in the hands of Tynwald members following the replacement of the traditional boards with a ministerial system of government...

... pointed out that citizen participation is the first fracture point of modern democracy: citizen participation is very broad. The chapter looks at the second fracture point of modern democracy that concerns executive power. It clarifies that an elected leader at the helm of a modern democratic state can...

... of Part XVIII, the inclusion of Articles 356 and 360, which address failures of constitutional machinery in the States as well as threats to financial stability and credit. It also explores how Articles 352 and 356 have been interpreted over time, focusing on the extent of the executive power once...

... William F General Electric GE government programs inflation rate licked by Reagan Nixon Richard paradox of era Roosevelt Franklin D FDR welfare state Congress executive power expanding Gorbachev Mikhail Morning in America nationalism American crisis of in 70s New Deal liberalism Marxism...

...This chapter examines how the most important effect that the Narbonne episode had on Staël's political position was to increase her skepticism about the power of political institutions. Executive power under the new constitutional monarchy had proved as incapable of providing guidance...

...This chapter explores the institutions and institutional changes needed to meet human rights demands, focusing on international executive power. It first discusses the functions of the domestic executive, and how the power of that executive is both facilitated and controlled by the governmental...

...This chapter introduces the perfect storm convergence of executive power and partisan aspiration that have produced the current predicament. When the Constitutional Convention adjourned in September, 1787, James Madison made a fateful choice. Madison is generally credited as the lead architect...

... to be stretched to accommodate them. The scope of the change has furthermore been considerable. In many countries vast areas of government intervention have increasingly been entrusted to these new organizations, clearly reducing the scope of administrative-executive power. independent oversight authorities...

... subdued by the militia. The chapter looks at whether discussions of human rights crossed the Atlantic and what the public sphere looked like in colonial South Carolina. It also analyzes Locke’s views on equality, liberty, and executive power, and especially about the general equality of human beings...