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Questions tagged [separation-of-powers]

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1answer
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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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2answers
209 views

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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2answers
103 views

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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2answers
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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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3answers
5k views

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 ...
10
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1answer
377 views

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 ...
2
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0answers
210 views

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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5answers
484 views

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 / ...
4
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1answer
172 views

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 ...
2
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1answer
214 views

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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2answers
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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 ...
3
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2answers
287 views

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 ...
2
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0answers
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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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1answer
440 views

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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0answers
165 views

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 ...
27
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3answers
8k views

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 ...
3
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1answer
272 views

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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2answers
576 views

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 ...
15
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3answers
2k views

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 ...
4
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2answers
640 views

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-...
4
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1answer
126 views

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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4answers
3k views

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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3answers
1k views

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 ...
0
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1answer
655 views

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 ...
4
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1answer
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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 ...
2
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2answers
789 views

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 ...
8
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1answer
304 views

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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8answers
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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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0answers
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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 ...
6
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1answer
3k views

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 ...
4
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1answer
432 views

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 ...
6
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1answer
2k views

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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1answer
500 views

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. ...
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1answer
13k views

What are the negative and positive consequences of a system of seperated powers? [closed]

The United States Government consists of a separation of powers (3 branches of government). What are the positive and negative consequences of the separation of power?
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3answers
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Does the head-of-state pardon violate separation of powers?

In a rechtsstaat, separation of powers in legislative, executive, and judicial powers provides some protection to the civilians and reduces the power of government. In some legislations, however, the ...
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1answer
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What are commonly cited pros and cons of central bank independence?

Googling central bank independence brings up a number of articles discussing central bank independence. In summary and in layman's terms, why would it be advantageous for a central bank to be ...