Powers and Functions of the Japanese Diet

1933 ◽  
Vol 27 (6) ◽  
pp. 885-898 ◽  
Author(s):  
Kenneth Colegrove
Keyword(s):  
Separation Of Powers ◽  
The State ◽  
Executive Power ◽  
Basic Difference ◽  
New School ◽  
Fundamental Nature ◽  
Legislative Power ◽  
Constitutional System ◽  
Modern Sense ◽  
Japanese Diet

The place of the Diet in the Japanese constitutional system is a subject of some controversy. Jurists of the old school, typified by the teachings of Hozumi, tend to minimize the representative character of the legislature and to magnify the limitations of its authority, while the new school, led by Minobe, stresses the possibility of parliamentary development.The basic difference between the two schools is found in their respective attitudes toward the theory of separation of powers. Hozumi holds that the kokutai, or fundamental nature of the Japanese state, is unique. The Emperor is not merely an organ of the state. He is the state. He retains the tochi-ken, the authority of his ancestors, or sovereignty in the modern sense. The tochi-ken is supreme, perfect, and indivisible. The exercise of this authority, however, takes a three-fold form, namely, as gyosei-ken, or the executive power, rippo-ken, or the legislative power, the shiho-ken, or the judicial power.

POLOŽAJ VLADE U USTAVNO-PRAVNOM SISTEMU REPUBLIKE SRBIJE

2021 ◽  
pp. 201-213
Author(s):  
Anika Kovačević ◽  
Keyword(s):  
Separation Of Powers ◽  
The State ◽  
Executive Power ◽  
Control Mechanisms ◽  
State Administration ◽  
The Republic ◽  
The Government ◽  
Constitutional System ◽  
And Control ◽  
Relationship Of

The author analyzes the composition, affairs and tasks of the Government, as well as the Government's attitude towards the National Assembly, the President of the Republic and the state administration, in order to more precisely normative position the Government as the bearer of executive power in the constitutional system of Serbia. The Government of the Republic of Serbia, together with the state administration, represents an extremely complex, fundamentally important system for the functioning of the institutional, legal and political order of our country. Building a legitimate and efficient relationship of cooperation with these bodies, while respecting the competencies and control mechanisms of the Government provided by the Constitution and laws, is a necessary factor in further upgrading Serbia as a state governed by the rule of law, achieving the principle of separation of powers in Serbia.

Teaching the Presidency: Idealizing a Constitutional Office

2012 ◽  
Vol 45 (01) ◽  
pp. 17-31 ◽  
Author(s):  
Louis Fisher
Keyword(s):  
Eighteenth Century ◽  
World War Ii ◽  
Separation Of Powers ◽  
Executive Power ◽  
Great Care ◽  
World War ◽  
Checks And Balances ◽  
Constitutional System

From World War II to the present, prominent scholars placed their hopes in the presidency to protect the nation from outside threats and deal effectively with domestic crises. Their theories weakened the constitutional system of separation of powers and checks and balances by reviving an outsized trust in executive power (especially over external affairs) that William Blackstone and others promoted in eighteenth-century England. The American framers of the Constitution studied those models with great care and fully rejected those precedents when they declared their independence from England.

scholarly journals El gobierno del poder judicial y la separación de poderes en la nueva constitución británica = Government of the judiciary and separation of powers in the new U.K. Constitution

2014 ◽  
pp. 447
Author(s):  
David Giménez Gluck
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Reform ◽  
The Other ◽  
Executive Power ◽  
Judicial Appointments ◽  
House Of Lords ◽  
Lord Chancellor

Este artículo analiza la reforma constitucional promovida en Gran Bretaña en 2005, que cambia la relación del Poder Judicial con el resto de los poderes, a través de la actualización de instituciones históricas como el Lord Chancellor y la Comisión de Apelación de la Cámara de los Lores, que pasa a ser el Tribunal Supremo de Gran Bretaña, y la sustracción al Poder Ejecutivo de algunas funciones de gobierno del Poder Judicial, como los nombramientos judiciales o el régimen disciplinario, que pasa a compartir con agencias independientes.This article analyses the constitutional reform passed in Britain in 2005, which changes the relations between the judiciary and the other powers of the State, updating historic institutions as Lord Chancellor or the Appellate Committee of The House of Lords -that became the U.K. Supreme Court-, and passing functions, as judicial appointments or judicial discipline, from the Executive Power to independent Agencies.

Part V Separation of Powers, Ch.26 Separation of Legislative and Executive Power

2018 ◽  
Author(s):  
Saunders Cheryl
Keyword(s):  
Separation Of Powers ◽  
Executive Power ◽  
Legislative Power ◽  
Power Delegation ◽  
Grant Money ◽  
The Relationship ◽  
Power And Authority

This chapter examines questions about the scope of legislative or executive power and the relationship between them primarily through the lens of the separation of powers in Australia. These have been recurrent issues in both the courts and Parliaments for some time. Hence, the chapter begins by examining the framework for the exercise of the legislative power of the Commonwealth. It does so from the standpoint of the separation of powers, by focusing on three significant issues: the concept of legislative power, delegation of legislative power, and authority to appropriate and grant money to the States. Next, the chapter deals with the nature of the executive power of the Commonwealth, including the extent to which it can be exercised without legislative authorization.

THE CONDITIONS FOR THE FORMATION OF THE SYSTEM OF THE RULE OF LAW IN RUSSIA

2020 ◽  
pp. 204-210
Author(s):  
Nikita S. Grudinin
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Separation Of Powers ◽  
The State ◽  
Social Progress ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Russian Federation ◽  
Constitutional System ◽  
The Stability

The article is devoted to the study of the conditions for the formation of a truly legal state in the Russian Federation. It is noted that the process of formation of the system of the rule of law requires signifi cant efforts both by the state and by society. It is also emphasised that the key conditions that can ensure the effective functioning of the rule of law in Russia are the respect of the provisions of the Constitution of 1993 by citizens and the willingness to comply with those provisions in cooperation with the state, the independence of the judiciary, the real and rational separation of powers, the functioning of legislative bodies in accordance with the interests of citizens of the Russian Federation. According to the author’s opinion, trust in the Constitution and its ability to ensure social progress in general is the basis for strengthening the legal statehood of the Russian Federation in the long term. The author concludes that the strength of the construction of legal statehood in Russia is based on the stability of the constitutional system and the supremacy of the Constitution of the Russian Federation, its ability to subordinate to its action all citizens of the country and offi cials of public authorities.

scholarly journals Parliamentarianism: concept, signs, and problems of development in Russia

2019 ◽  
Vol 4 (22) ◽  
pp. 208-221
Author(s):  
Lyudmila Konovalova
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Separation Of Powers ◽  
The State ◽  
Executive Power ◽  
Political Opposition ◽  
Legal Literature ◽  
The Law ◽  
The Right

The article analyzes various ideas about the concept and features of parliamentarism. On the basis of the generalization of the legal literature, the following set of features of parliamentarism is denoted: 1) rule of law; 2) separation of powers; 3) participation of the parliament in bodies of executive, judicial and other branches of power; 4) accountability of the executive power to the parliament; 5) multiparty nature, the right to political opposition and ensuring the connection of the population with the state mechanism; 6) special status of the deputy with a free mandate and responsibility before the law; 7) independence of the parliament; 8) special status of the deputy with a free mandate and responsibility before the law. The concept of parliamentarism proposed to counteract state bureaucratization. We connected the idea of parliamentarism with the possibility of mitigating authoritarian tendencies in Russian political system.

scholarly journals ANALISA YURIDIS TERHADAP SISTEM KAMERAL MAJELIS PERMUSYAWARATAN RAKYATSESUDAH PERUBAHAN UNDANG-UNDANG DASAR 1945

to-ra ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Fernando Silalahi
Keyword(s):  
John Locke ◽  
The State ◽  
Power Sharing ◽  
Judicial Power ◽  
Executive Power ◽  
Political Justice ◽  
Legislative Power ◽  
Basic Law ◽  
Democratic State ◽  
Distribution Of Power

Abstract In the life of a state that longs for a political justice, surely in the Basic Law or the Constitution in the country the inventor of his ideas and / or its founders have included a power sharing system that seeks to re ect political justice. If it must be connected with the form of the state, in fact this idea remains rooted in political justice. In the distribution of power, which according to John Locke is divided into legislative power, executive power, and judicial power, there must be authority that is balanced with each other and not overlapping. This was stated by John Locke so that power is not centralized within one institution, thereby reducing the risk of abuse and creating a democratic state.   Keywords: political justice; legislative power; judicial power; democratic state.

The Legitimacy of Provisional General Budget Laws in the Jordanian Legal System

2013 ◽  
Vol 17 (1) ◽  
pp. 141-195
Author(s):  
Lena Shabeeb
Keyword(s):  
Legal System ◽  
Separation Of Powers ◽  
Constitutional Reform ◽  
Executive Power ◽  
Constitutional Court ◽  
Checks And Balances ◽  
Legislative Power ◽  
The Future

This study examines the legitimacy of the recurrent conduct, adopted by the Jordanian Executive Power, of issuing Provisional General Budget Laws, in the absence of the Legislative Power. This study proves the unconstitutionality of such conduct, and looks at the prospects of progress in the future. Issuing Provisional General Budget Laws is a culmination of several misconceptions of some important Constitutional Articles; especially the ones that reflect how the principle of separation of powers is adopted in the Jordanian Constitution, and how the different interlocking functions of both the Executive and the Legislative Powers should be interpreted and applied. Article 94, providing for the legislative function of the Executive Power in the absence of the Legislative Power, is interpreted and applied broadly. Issuing Provisional General Budget Laws mean that the Executive Power assumes the legislative Power and not a temporary legislative role, as provided in the Constitution. Hence, contradicting another two important systems provided therein: first, the financial check, as part of the checks and balances system, provided in Chapter Eight, especially Article 112. Second, the apportionment method, provided in Article 113, which should be applied in the absence of the Legislator. Unfortunately, the 2011 Constitutional Reform, although somewhat progressive, does not remove such well-rooted misconceptions; leaving the Constitutional Court as the last resort in rectifying the situation.

scholarly journals Application of the Constitution of Ukraine in the implementation of justice: basic principles

2020 ◽  
pp. 19-36
Author(s):  
Albert Ezerov
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Direct Action ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Politics ◽  
Constitutional Review ◽  
Direct Operation ◽  
Constitutional System

The article focuses attention on the fact that the phenomenon of the Constitution is not limited to the constitutional text, since the Constitution, first of all, is a system of basic values designed to limit any manifestations of arbitrariness of public authority to ensure human rights. At the same time, it is noted that the «tangible» for the constitutional system exactly is the embodiment of the material Constitution as a text and a system of legal requirements in lawmaking and law enforcement, which directly depends on the subjects of law «users» of the Constitution. It is noted that the application by the courts of the Constitution as an act of direct action allows filling in the gaps and eliminating other defects in the legislation, is one of the dimensions the embodiment of the supremacy of the Constitution of Ukraine in the law application. It has also been established that the provisions of Article 8 of the Constitution, according to which its norms are direct action norms, and an appeal to the court to protect the constitutional rights and freedoms of a person and a citizen directly on the basis of the Constitution of Ukraine are guaranteed in a systematic connection with Article 150 of the Constitution according to that powers the Constitutional Court of Ukraine refers to the resolution of issues of compliance with the Constitution of Ukraine (constitutionality) of laws and other legal acts, cannot restrict courts in competence of direct application of the Constitution and solution to the issue of compliance with any other regulatory acts, that should be applied in a specific case. It has been proved that one of the mechanisms for ensuring the direct operation of the norms of the Constitution is the review of court decisions in view of exceptional circumstances, which is one of the manifestations of the «responsibility» of the state and responsible public administration, since in this way the state fulfills its the duty to restore of human rights as a consequence violation due adopting an act that has the subject of judicial constitutional review and recognized as unconstitutional. It is summarized that the Constitution will be real only with the active position of the courts on the application of its provisions in resolving disputes, and the courts will occupy a prominent place in the system of separation of powers, only if the Constitution will be basis of judicial decisions. Key words: courts of the judicial system, Constitution of Ukraine, implementation of justice, constitutional politics, constitutional conflicts, generic principles, application of constitutional norms, human dignity, constitutional values.

Institutional organisation of the European Union in the time of crisis – horizontal division of power and functions

2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
European Council ◽  
Executive Power ◽  
The European Union ◽  
Checks And Balances ◽  
Court Of Justice ◽  
Strong Position ◽  
Institutional System ◽  
The Eu

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.

Sign in / Sign up

Export Citation Format

Share Document