Questions tagged [separation-of-powers]

Questions relating to the separation of power when it comes to governing a state. A prime example is the trias politica which divides power between a legislature, an executive and a judiciary.

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What executive powers does the Prime Minister have?

In a presidential republic like, say, America, there are executive powers afforded to the President; for example the power to veto legislation. In the United Kingdom, as I understand it, the powers of ...
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Has the UK Parliament been successfully sued for passing or doing something deemed unconstitutional?

According to some "extrajudicial" comments by justices in R (Jackson) v Attorney General , e.g.: Lord Hope followed on from Lord Steyn Parliamentary sovereignty is no longer, if it ever ...
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Are there well-known democracy ranking/evaluation systems that penalize the fusion of powers (between the executive and legislative)?

Basically, I want to ask how accepted is the idea that fusion of powers between the executive and legislative, present in the Westminster-inspired systems, implies a democratic deficit of some kind. (...
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Whistleblowers and statutory protections

The Federalist is reporting that the "whistleblower" in the Ukraine affair "concealed contacts" in their submission about prior contact with Congress. According to Fox News investigative reporter ...
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1answer
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Is there any other constitutional body represented in Autonomous Communities?

In Spain, Autonomous Communities (A.C.) Presidents hold a representation of/from the State (every power of the State, ultimately deriving from popular citizen vote) in the A.C.[reference TBMA on ...
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Is the US president the ultimate law-enforcement officer?

In the comments of another answer, Grovkin and I discussed the power of the US president. In a reply I received, it was stated that the US president is the ultimate-enforcement officer: @JJJ it ...
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Would this use of *nobile officium* be a separation of powers violation?

I've mentioned here and here that certain Brexit-pursuing actions as Prime Minister, by Theresa May and Boris Johnson, raised separation of powers concerns quite separate from the policy question of ...
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Why not just put FPTP in one house and PR in the other? [closed]

Is it possible to get benefits of the two approaches (majoritarian and proportional) in a parliamentary system by making the lower house get elected by First-Past-The-Post and the upper one by party-...
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How is justice supposed to work for the president of the United States?

I am having trouble understanding how the President of the United States should be brought to justice if one should commit a crime. This question should not be viewed as pro-vel-contra Trump, but an ...
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Can a US president have someone sent to prison?

In an interview at the White House recently, Donald Trump is quoted threatening a journalist with prison time by saying: "You can go to prison instead," Is the president of the United States ...
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In American Politics, why is the Justice Department under the President?

This may sound like an easy question. Legislators make laws, the executive executes laws and the judiciary judges laws. Sounds simple. I've heard that the Justice Department is under the executive ...
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Was parliamentary ratification of trade treaties necessary in the UK (before joining the EU)?

The royal prerogative seems to be the source of UK's government's power to conduct foreign affairs. But does it completely cover trade treaties, i.e. before joining the EU was parliamentary ...
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Who has the power to designate new countries for TPS (temporary protected status)?

VOA news on January 17, 2019: Amid a deepening crisis and mass exodus from Venezuela, bipartisan legislation was unveiled Thursday to provide temporary protected status (TPS) to Venezuelan ...
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What is the legal basis for the Trump administration's decision to impose and then remove tariffs?

I'm no expert on the applicable law regarding tariffs and international trade, but I do know that the most famous tariff policy in US history was the Smoot-Hawley Tariff Act, named after two members ...
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Can the US President recognize Israel’s sovereignty over the Golan Heights for the USA or does that need an act of Congress?

President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981. Can ...
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Aren't, in practice, the executive and legislative powers oftentimes nearly unified?

As far as I'm aware, according to the theory of separation of powers, which is considered one of the foundations of democracy, prescribes the three government powers: executive, legislative, judiciary ...
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How has the division of power worked, between govt and parliament, in modern Britain?

In the last few months, the UK has seen what might be called an "activist parliament". There have been comments on TV/radio in the context of Brexit, that MPs have been setting their own agenda, not ...
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Press conference by SC judges

Is the historic press conference by four senior-most SC judges a sign of government interference in the workings of the judiciary? References - https://www.thehindubusinessline.com/news/supreme-...
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Has there ever been any government in the world where a science commission was a branch of power with constitutional level?

The typical branches of power in the world are, - Executive power - Legislative power - Judicial power Many other countries have additional branches with constitutional level power, for example - ...
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Do US federal agencies take a position on legislation?

Are there laws which prohibit or limit the ability of United States federal agencies (eg. SAMHSA) to take a public position in favor or against bills currently under consideration of the legislature? ...
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Would federal agencies have enough power to run the country without the government?

Essentially all the federal agencies have control over their spending. The DOT can raise revenue by road tolls, DOE has royalties, Medicare/ss can garnish small amounts of wages that aren't worth ...
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Isn't the question of partisanship of US supreme court judges contradictory to the separation of powers?

Being German I find it rather strange to witness the discussion in the US regarding placing Kavanaugh as the 9th judge in the supreme court. In the news it always sounds as if it is a matter of the ...
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Entire court impeached

The West Virginia House Judiciary Committee has voted to impeach the entire West Virginia Supreme Court. This vote means that it will go to the WV house floor for impeachment consideration. Here's ...
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What are different ways of allocating investigative power?

Background - The U.S. allocation of investigative power In the U.S. system of government, there are a variety of ways that a potential incident or public policy issue of concern can be investigated. ...
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How can the Judicial Branch enforce its orders?

I got to thinking on this when reading this thread What happens if administration doesn't meet the deadline to reunify families? The answer talks about contempt and the possibility of sanctions / ...
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Is there a recent example of a constitutional court decision limiting presidential powers within Europe?

Romanian Constitutional Court has decided that the President must fire anti-corruption chief (about motivation): Judges said that under the constitution, Iohannis cannot reject a government ...
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Can confirmations be revoked?

In the US, the Congress has the power of Advice and Consent to the President. As such, it has the power to vote up or down the heads of the departments whom he nominates. This is on the theory that, ...
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Does Constitutional Court deciding upon a law related to its members break the “checks and balances” principle?

According to this article, Romanian Constitutional Court decided upon a notification coming from a parliamentary party regarding its own members immunity. Shortly put, they are deciding the ...
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Power structure of French vs. German federalism [closed]

While Germany is a federation of states, France has chosen to devolve some of the power to its regional governments. How has this affected the development of these countries? Has one system fared ...
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Why are the EU and Media so against Poland's court reforms, when other countries have similar systems [duplicate]

Following on from this this question - There is a lot of resistance from the EU and the mainstream media to Poland's proposed changes to the way Judges are selected. As I understand it, the current ...
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What are the reasons that Poland's people would allow the elimination of separation of powers?

The US State Department stated: The Polish government has continued to pursue legislation that appears to undermine judicial independence and weaken the rule of law in Poland,” ... “We urge all ...
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How is judicial independence ensured for International Tribunals?

According to this article, Mladic's conviction by International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague found widespread international support. However, this opinion is not ...
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Can a President mandate Upvotes?

This image is from when Barack Obama (the then serving president) thanked Reddit for helping protect the open internet. Thanks Redditors! Wish I could upvote every one of you for helping keep the ...
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1answer
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Ability of the President of the United States to contact other nations in secret

What are the limits on the ability of the President of the United States to secretly contact powerful representatives of other nations (for example, another nation's head of state, or that nation's ...
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Are there plans to deal with “insurrection” of British monarchy?

As per this answer, "Remember though, all these powers are on paper only. In reality all those powers lie with the Prime Minister and Parliament" and "The sovereign does actually still have official ...
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Presidential power over Congress

In a comment in an answer about a canceled vote: Other than belittling them on Twitter, what exactly do they have to fear from Trump's "wrath?" – Andy yesterday [3-26-17] What official and ...
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Congressional Review Act--Is it Constitutional?

Senate Majority Leader Mitch McConnell recently invoked this law Washington Examiner: Senate Majority Leader Mitch McConnell, R-Ky., is vowing to reverse the Obama administration’s final stream-...
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1answer
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Is the H1-B visa program an executive initiative or a statutory mandate?

Is the H1-B visa program an executive initiative or a statutory mandate? The H1-B visa program allows US corporations to import skilled foreign workers into the United States. President-elect Donald ...
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Has a court ever struck down an election result in the United States?

A number of observers have raised the issue of court challenges to the 2016 US presidential election results. Various rationales might be employed. For instance, Harvard Law prof. Larry Lessig has ...
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Interdependence and independence of powers

How can the judiciary branch be independent while still being interdependent of the other two serving as check and balance? Could the other two branches be similarly independent and interdependent at ...
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How is the power of the FBI in the US limited to not threaten separation of powers?

The FBI in the US has the physical instruments to harm citizens physically, that seems to give FBI the ground to break the constitution and intimidate all the 3 branches to take control of all the ...
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Why is driver's test privatization in purvue of Israel's Supreme Court?

So this minor news article ("High Court order against privatization of driving tests") caught my attention, by the fact that it seems like such a strange and insignificant topic to rise to Supreme ...
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Why is government usually divided in exactly three specific branches

In most countries, government is divided into legislative, executive and judicial branch. For what reasons is this division to prevalant? Why isn't government divided in some other way (e.g. there ...
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What would it take to test War Powers Resolution (practically)?

Many if not most political discussions around the use of military force by POTUS tend to slide down to War Powers Resolution, and for reasonable people, those tend to slide to "who knows, the only way ...
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What does the POTUS do, exactly?

It seems that the main avenues available to the President of the United States (POTUS) to exercise his will are: Vetoing bills Hiring and firing top employees in federal government Appointing supreme ...
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Is there an analysis of what levels of government makes different decisions? [closed]

In the light of the UK's impending referendum on membership of the European Union, I've been reading a bit about the distribution of powers in a layered political system. Various regions of the UK ...
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1answer
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Is there a fusion of powers in parliamentary regimes?

When discussing separation of powers in my introductory political science course, the lecturer asserted that there isn't a fusion of power between the executive (prime minister + cabinet) and the ...
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What are the President's responsibilities in executing judicial order?

In this interview with NewsMax, Republican presidential candidate Ben Carson was asked what he would do to preserve traditional marriage if the Supreme Court were to recognize marriage equality ...
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Why doesn't the House of Representatives have a say in treaties?

[The President] shall have Power, by and with Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur... (US Constitution) Is there any evidence from ...
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What incentive would the House or Senate have to ever adjourn if NRLB v. Canning is upheld?

So, NRLB v. Canning is on the docket, and it raises an interesting question. If the President has the power of recess appointments, but the Senate never adjourns, it effectively kills that power. ...