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"The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies"--
delegation of power. --- European Union. --- EU institution. --- EU law. --- legislative power. --- democratic deficit. --- Delegation of powers
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The specter of unbridled executive power looms large in the American political imagination. Are checks and balances enough to constrain ambitious executives? 'Checks in the Balance' presents a new theory of separation of powers that brings legislative capacity to the fore, explaining why Congress and state legislatures must possess both the opportunities and the means to constrain presidents and governors - and why, without these tools, executive power will prevail. Alexander Bolton and Sharece Thrower reveal how legislative capacity - which they conceive of as the combination of a legislature's resources and policymaking powers - is the key to preventing the accumulation of power in the hands of an encroaching executive.
Executive-legislative relations --- Executive power --- Separation of powers --- Legislative power --- United States --- Politics and government.
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"The third edition of Parliament and the Law presents a timely and valuable resource covering recent developments. Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges. This edition includes new chapters on Brexit, legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament. This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials, and practitioners and is supported by the Study of Parliament Group (SPG)."--
Legislative power --- Privileges and immunities --- Great Britain. --- Powers and duties. --- Privileges and immunities.
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Even after seventy-five years, the UN Security Council meets nearly every day. They respond to a range of threats to international peace and security, but not all threats. Why does the Security Council take up some issues for discussion and not others? What factors shape the Council's actions, if they take any action at all? Adapting insights from legislative bargaining, this book demonstrates that the agenda-setting powers granted in the institutional rules offer less powerful Council members the opportunity to inuence the content of a resolution without jeopardizing its passage. The Council also decides when to conduct public or private diplomacy. The analysis shows how external factors like international and domestic public reactions motivate grandstanding behaviors and shape resolutions. New quantitative data on meetings and outside options provide support for these claims. The book also explores the dynamics of the formal analysis in three cases: North Korean nuclear proliferation, the negotiations leading up to NATO bombing in Serbia over Kosovo, and the elected member-led process to codify the principles of the Responsibility to Protect doctrine. The book argues that while the powerful veto members do have great inuence over the Council, the rules of the most consequential security institution inuence its policy outcomes, just as they do in any other international institution.
Legislative power. --- United Nations. --- Power, Legislative --- Constitutional law --- Implied powers (Constitutional law) --- Judicial review --- Separation of powers --- Hội đồng bảo an Liên Hợp Quốc --- United Nation. --- United Nations --- Legislative power
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Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules. Through its composition, parliament represents the opinions and interests of society, which it serves through the legislative process. But in an increasingly globalized world, nation-states are confronted with issues that require international cooperation, expert knowledge and flexibility to resolve. Rather than taking the lead, parliaments are increasingly settling for a managerial position and have begun to outsource their rulemaking powers (and other constitutional responsibilities) rather than exercising them themselves. Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. It asks fundamental questions of its readers, such as: which powers should be outsourced? And to whom? What mechanisms are in place to guarantee the quality of the rules they make? Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors. Offering a bridge between traditional constitutional law and transnational private law, this book will be of interest to both practitioners and scholars within the global communities of comparative constitutionalism, global administrative law and transnational private law.
Comparative law --- Public law. Constitutional law --- staatsleer --- administratief recht --- staatsrecht --- Legislative power --- Parliamentary practice --- Constitutional law --- International cooperation --- Contracting out
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La Cour suprême des Etats-Unis est l'une des trois branches du gouvernement fédéral établies par la Constitution. Mais, contrairement aux autres, elle est indépendante du citoyen américain, n'est pas élue, a le pouvoir de décider de ce que dit la Constitution et ne peut pas être contredite par les autres branches. La Cour suprême extrêmement puissante dans le système américain, une prétendue démocratie ? Avortement, contraception, mariage gay, lois anti-discrimination protégeant les gays, les lesbiennes, les bisexuels et les transgenres... quelles pourraient être les prochaines cibles des militants conservateurs ? Ecrit par l'une des meilleures connaisseuses de ce domaine, ce livre expose l'histoire de la Cour suprême des Etats-Unis, comment elle a obtenu autant de pouvoir dans la vie américaine et propose des perspectives de réforme et de renouveau. Un ouvrage essentiel pour comprendre le fonctionnement de la démocratie américaine.
Democracy --- Legislative power --- United States. --- Powers and duties. --- Démocratie --- Pouvoir législatif --- États-Unis. --- Pouvoirs et fonctions. --- Courts of last resort --- Cours suprêmes --- Démocratie --- United States --- Etats-Unis --- Politics and government --- Politique et gouvernement
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Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.
International law and human rights. --- Treaty-making power. --- Human rights. --- Human rights and international law --- Human rights --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Treaty power --- Constitutional law --- Executive power --- Legislative power --- Treaties --- Law and legislation
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Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules and are taken to represent the opinions and interests of society, which they serve through the legislative process. In an increasingly globalized world, nation-states are confronted with issues that require international cooperation, expert knowledge, and flexibility to resolve and parliaments are increasingly settling for a managerial position. They have also begun to outsource their rulemaking powers.
Constitutional principles --- Rulemaking powers --- Separation of powers --- Checks and balances (Separation of powers) --- Division of powers --- Powers, Separation of --- Constitutional law --- Political science --- Delegation of powers --- Executive power --- Judicial independence --- Judicial power --- Judicial review --- Legislative power --- Law and legislation --- Parliamentary practice. --- Legislative power. --- International cooperation. --- Contracting out. --- Constitutional law. --- Parliamentary practice --- International cooperation --- Contracting out --- Contract services --- Contracting for services --- Outsourcing --- Services, Contracting for --- Letting of contracts --- Privatization --- Public contracts --- Cooperation, International --- Global governance --- Institutions, International --- Interdependence of nations --- International institutions --- World order --- Cooperation --- International relations --- International organization --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Legislative bodies --- Legislative procedure --- Order, Rules of --- Parliamentary law --- Parliamentary procedure --- Procedure, Parliamentary --- Rules and practice --- Rules of order --- Debates and debating --- Meetings --- Power, Legislative --- Implied powers (Constitutional law) --- Interpretation and construction
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This publication brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems.
Judicial review --- Evidence (Law) --- Independent regulatory commissions --- Public utilities --- Law. --- Laws of specific jurisdictions & specific areas of law. --- Regulation. --- Municipal utilities --- Public-service corporations (Public utilities) --- Utilities, Public --- Utility companies --- Municipal franchises --- Commissions, Independent regulatory --- Commissions of the federal government --- Independent administrative agencies --- Independent agencies --- Quasi-judicial agencies --- Regulatory agencies --- Regulatory commissions --- Administrative agencies --- Administrative law --- Insurance commissioners --- Review, Judicial --- Constitutional law --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel
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"This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in in relation to decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. By doing so, it illustrates if the Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading."--
European Parliament. --- European Economic Community. --- European Union countries --- Politics and government --- 21st century. --- CEE --- Evropeĭskiĭ Soi︠u︡z --- C.E.E. --- Communauté économique européenne --- Comunidad Económica Europea --- Comunità economica europea --- EEC --- EC --- Europäische Wirtschaftsgemeinschaft --- Europejska Wspólnota Gospodarcza --- Europese Economische Gemeenschap --- Európai Gazdasági Közösség --- EHS --- Kurapʻa Kyŏngje Kongdongchʻe --- Kurapʻa Kongdong Sijang --- EEG --- Evropeĭska ikonomicheska obshtnost --- Evropské hospodářské spolecenstvi --- Comunidade Económica Europeia --- EWG --- Europæiske økonomiske fællesskab --- EØF --- Koinē Agora --- EOK --- MCE --- Mercado Común Europeo --- Europeiske økonomiske fellesskap --- Evropeĭskoe ėkonomicheskoe soobshchestvo --- MEC --- Evropska ekonomska zaednica --- EZZ --- Common Market --- Marché commun --- EĖS --- Avrupa Ekonomik Topluluğu --- AET --- Müşterek Pazar --- Ortak Pazar --- Sūq al-Ūrūbbīyah al-Mushtarakah --- Mercado Comum --- Europaikē Oikonomikē Koinotēta --- Evropska gospodarska skupnost --- Mercato comune --- EEZ --- Evropska ekonomska zajednica --- Euroopan Yhteisö --- EY --- EIO --- Shuḳ ha-Eropi ha-meʼuḥad --- Suq Komuni --- Eurōpaïkē Koinotēta --- Comunidade Européia --- Mercado Comum Europeau --- Unia Europejska --- Koinotēta --- E.G. --- קהילה האירופית --- קהילייה האירופאית --- שוק הארופאי המשותף --- Evropeisku Félagsmarknaðin --- EF --- European Communities. Parliament --- EU countries --- Euroland --- Europe --- Delegated legislation --- Administrative regulations --- Administrative rules --- Decree laws --- Delegation of legislative power --- Quasi-legislation --- Regulations, Administrative --- Rules, Administrative --- Subordinate legislation --- Subsidiary legislation --- Delegation of powers --- Executive power --- Legislation --- Legislative power --- Separation of powers --- CEE (European Economic Community) --- C.E.E. (European Economic Community) --- EEC (European Economic Community)
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