scholarly journals The Law: President Obama's Signing Statements and the Expansion of Executive Power

2013 ◽  
Vol 43 (4) ◽  
pp. 883-899 ◽  
Author(s):  
Jeffrey Crouch ◽  
Mark J. Rozell ◽  
Mitchel A. Sollenberger
Keyword(s):  
Executive Power ◽  
Signing Statements ◽  
The Law

The Dilemma of Humanitarian Intervention: The Executive Power of the Law of Nature, After God

1994 ◽  
Vol 29 (2) ◽  
pp. 248-261 ◽  
Author(s):  
John Dunn
Keyword(s):  
International Law ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Executive Power ◽  
Human Being ◽  
Law Of Nature ◽  
Territorial Jurisdiction ◽  
Or Groups ◽  
The Law

There are at Least Three Possible Types of View about the justifiability of the use of force by states or private individuals on behalf of other private individuals or groups who are the victims of brutal and gratuitous coercion by another state. The first type of view is that no human being, and a fortiori no state, can be justified in using force under any circumstances and for any purpose, because (and only because) force is an intrinsic evil. This unflinchingly deontological view is generous but practically absurd. The second type of view is that states (or even private individuals) can be, and often arc, justified in using force against the brutally coercive actions of another state when, but only when, the latter is acting outside its own territorial jurisdiction. At least in the case of states what grounds that justification is their entitlement to defend themselves against foreign (as against domestic) aggression, and to defend also any other states with whom they have linked themselves either by standing alliances or by solemn common undertakings to secure each other's safety and sovereignty within the bounds of international law. In the case of private individuals, the corresponding justification would lie in their several personal entitlements to defend themselves as best they can against aggression.

Public Law

2020 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Public Law ◽  
Political Context ◽  
Legal Issues ◽  
Executive Power ◽  
The Subject ◽  
Key Topics ◽  
The Law

Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.

Kontrola parlamentarna w Republice Uzbekistanu

2019 ◽  
Vol 2 ◽  
pp. 125-140
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Political Regime ◽  
Executive Power ◽  
The Political ◽  
Political Pluralism ◽  
Important Challenge ◽  
The Law

This work focuses on the parliamentary control in Uzbekistan. Currently, besides the Constitution of Uzbekistan, the issue of parliamentary control is subject to the Act from 11 April 2016 „on parliamentary control” and other legislative acts, in particular relating to the constitutional position of Oliy Majlis. The law provides for various mechanisms of control over the executive power (e.g. vote for budget approval, parliamentary inquiry, parliamentary investigation, presenting information about their business by the executive power). Currently, the most important challenge related to the development of parliamentary control in Uzbekistan is further democratisation of the political regime, increasing political pluralism.

Theoretical Grounds of the Challenging of the Transactions under the Bankruptcy Legislation

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Аюна Аюрова ◽  
Ayuna Ayurova
Keyword(s):  
Property Rights ◽  
Legal Theory ◽  
Legal Regulation ◽  
Third Party ◽  
Executive Power ◽  
Unified Approach ◽  
The Law

A lot of national and foreign researchers attempted to examine the theoretical grounds of the challenging of the transactions under the bankruptcy legislation. Thus, tort and quasi-delictual theory, the theory of executive power of the judgment, the theory of the judicial lien and legal theory have been developed. However, until now there hasn’t been developed a unified approach to understanding of the question of what is the basis of the creditor’s right to demand recognition of the debtor’s invalid transaction committed by itself with a third party, in respect of which insolvency (bankruptcy) case has been initiated. This paper analyzes the main concepts developed in support of the rights of the creditor and assesses their strengths and weaknesses. The study and its findings formulated on the basis of the former have allowed the author to offer his own opinion based on challenging the debtor´s transactions. The author reveals the purpose of legal regulation of invalidity of transactions the debtor committed to them on the eve of bankruptcy. This purpose is to protect the rights and property interests of both the debtor and the creditors, as well as is the formal (violation of the law) and material (violation of the property rights of the debtor and its creditors) base to contest the transactions.

The Logic of Presidential Signing Statements

2012 ◽  
Vol 66 (1) ◽  
pp. 141-153 ◽  
Author(s):  
Ian Ostrander ◽  
Joel Sievert
Keyword(s):  
Incentive Mechanism ◽  
Original Data ◽  
Executive Power ◽  
Signing Statements ◽  
Wide Range ◽  
Prior Literature

Signing statements constitute a salient executive power that has recently captured scholarly and political attention. Prior literature suggests that presidents use signing statements to gain additional policy concessions from Congress. Evidence of policy motivations are, however, difficult to demonstrate and policy motives fail to explain a wide range of existing statements. The authors propose an additional incentive mechanism based on defending traditional presidential authority. Using original data on approximately 8,500 public laws and 1,250 signing statements, the authors investigate when and why signing statements occur. They find presidents are likely to issue constitutional signing statements on bills traditionally falling under the president’s purview.

scholarly journals Problemy wynikające z wejścia w życie ustawy RRFSR "O wolności wyznań" z dnia 25 października 1990 roku

2006 ◽  
Vol 49 (3-4) ◽  
pp. 183-209
Author(s):  
Jelena Byś
Keyword(s):  
Catholic Church ◽  
Military Service ◽  
Freedom Of Religion ◽  
Executive Power ◽  
Free Access ◽  
Orthodox Church ◽  
Religious Media ◽  
Religious Associations ◽  
The Law ◽  
The Government

Putting into effect a new law of the RSFSR ON FREEDOM OF RELIGION of October 25, 1990 caused many problems in public life and in life of religious communities in particular. This article introduces some of them, which became a subject of discussion. They are: interreligious equality, legislative acts concerning ownership of religious associations, access of religious associations to media and alternative military service. Formally the law of the RSFSR ON FREEDOM OF RELIGION of October 25, 1990 guarantees interreligious equality but in reality this principle is not respected. It has not been put into practice on the full scale and agreement in this sphere meets many obstacles or may be even impossible. A dislike of the Russian Orthodox Church for the Catholic Church increasing with ages is difficult to change. Catholicism is treated according to 19th century classification that means as a foreign and tolerated religion. However, the effect of the executive power activity as for tax exemption of religious associations was positive. Religious associations and their enterprises got right to provide their religious activity according to their statute benefiting from tax relieves and tax exemption. The things with restitution look worse. Though the law founds a basis for quick restitution of at least a part of seized property of religious associations reality appears to be different. Recognition of the priority of the Orthodox Church by the government and local authorities entails great privileges for it at the expense of other religious associations also as for restitution of cult erections, buildings and grounds that used to be their property. Right of religious associations for free access to media and founding their own ones though is guaranteed by the law in reality also meets with many difficulties. Having given such a right authorities prevent from exercising it. It results from over commercialisation of media and general reluctance, which consists in unnecessary complicating of formalities. But in spite of the difficulties the scale of broadcasting of religious media is constantly widening. The problem of alternative military service is still open in the Russian Federation. Legacy of long-term political up bringing do not let solve an increasing amount of problems in the army. A law on alternative military service would be a wise compromise between duty and legislation. Such a law would be able to lessen the tension in society and to protect rights of young citizens.

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