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A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.
Presidents. --- Presidency --- Heads of state --- Executive power
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This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing of irregular militants; prompting questions regarding the legitimacy of executive power in this arena.
Executive power --- War and emergency powers --- Sovereignty
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Executive power --- Legislative oversight --- United States.
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Presidents --- Executive power --- Separation of powers --- Legislative power --- Executive orders --- United States --- United States. --- Foreign relations.
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War and emergency powers --- Executive power --- Executive orders --- United States --- Armed Forces. --- Military policy.
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Executive power --- War and emergency powers --- United States. --- Powers and duties.
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"This book aims to offer an original and comprehensive analysis of Brazilian constitutional law and to show how the 1988 Constitution has been a cornerstone in Brazil's institutional stability. To achieve this goal, the book begins with an analysis of the long road to institutional stability, by presenting a short history of Brazilian constitutionalism, with a special focus on the transition from authoritarianism to democracy which led to the promulgation of the 1988 Constitution. The following chapters deal with the organisation of powers, beginning with a chapter dedicated to the National Congress, in which the electoral system and the law-making process are analysed; the next chapter presents the peculiarities of the executive power in Brazil: a strong president and the so-called coalition presidentialism; finally, the Brazilian Supreme Court is analysed using three concepts: independence, activism, and extreme publicity. In relation to the distribution of powers, the following chapter aims to explain Brazilian federalism, showing how federal power-sharing in Brazil functions. The final chapters analyse the protection of rights (with special attention to the implementation of social rights) and the protection of the constitutional order under the 1988 Constitution"--
Constitutional law --- Constitutions --- Constitutional history --- Federal government --- Executive power --- Civil rights --- Brazil.
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Executive power --- Legislative power --- Separation of powers --- Border security --- United States. --- National Emergencies Act (United States)
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Arms transfers --- Export controls --- Executive power --- Abuse of administrative power --- Legislative veto --- Law and legislation --- United States.
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All five contemporary practitioners of the death penalty in the Association of Southeast Asian Nations (ASEAN), Indonesia, Malaysia, Thailand, Singapore and Vietnam, have performed executions on a regular basis over the past few decades. NGO Amnesty International currently classifies each of these nations as death penalty 'retentionists'. However, notwithstanding a common willingness to execute, the number of death sentences passed by courts that are reduced to a term of imprisonment or where the prisoner is released from custody altogether, through grants of clemency by the executive branch of government, varies remarkably among these neighbouring political allies. In this text, the patterns which explain why some countries in the region award clemency far more often than do others in death penalty cases are explored and explained.
Capital punishment --- Clemency --- Abolition of capital punishment --- Death penalty --- Death sentence --- Criminal law --- Punishment --- Executions and executioners --- Executive clemency --- Criminal justice, Administration of --- Executive power --- Amnesty --- Forgiveness --- Pardon
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