The Executive And Public Law: Power And Accountability In Comparative Perspective

Hardcover | January 24, 2006

EditorPaul Craig, Adam Tomkins

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For most of the past two hundred years or more - the grand era of national constitution-making - founding fathers and constitutional scholars alike seem to have focused more sharply on questions of legislative power than they have on executive power. Executive power, by contrast, they worriedmuch less about and sought to delimit less thoroughly. The scope of executive power and its accountability are however endemic problems, which arise within federal and non-federal states. Nor are these issues unique to common law constitutional orders. Problems concerning the nature and delimitationof executive power also arise in civil law jurisdictions and in the European Union. Despite the historical constitutional focus on legislative power, it is executive authority which seems in the early 21st-century to be the more threatening. This book addresses two sets of questions that are under-researched in constitutional scholarship. What is the proper scope of executive authority, how is executive power delimited, and how should it be defined? How is executive authority best held to account, politically and legally? Thesequestions are both descriptive and normative and they are addressed accordingly in each of the chapters by leading public lawyers from a variety of jurisdictions. The book examines executive power in the United Kingdom from a British and from a distinctively Scottish perspective. There are chapterson the four common law jurisdictions of Australia, New Zealand, Canada, and the United States; on the four civil law jurisdictions of France, Germany, Italy, and Spain; and on the European Union. This insightful comparative perspective allows themes to be drawn together, and lessons extracted onthe nature of executive power and its accountability.

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For most of the past two hundred years or more - the grand era of national constitution-making - founding fathers and constitutional scholars alike seem to have focused more sharply on questions of legislative power than they have on executive power. Executive power, by contrast, they worriedmuch less about and sought to delimit less t...

Paul Craig Fellow and Tutor in Law, Worcester College, Oxford, 1976-1998; Readership 1990; Professor 1996; Professor of English Law, St. John's College, Oxford, 1998- Adam Tomkins 1991-99, Lecturer, School of Law, King's College London 1999-2000, Senior Lecturer, School of Law, King's College London 2000-03, Fellow and Tutor in Law...

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Format:HardcoverDimensions:384 pages, 9.21 × 6.14 × 1.07 inPublished:January 24, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199285594

ISBN - 13:9780199285594

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Table of Contents

Adam Tomkins: EnglandChris Himsworth: ScotlandSimon Evans: AustraliaJanet McLean: New ZealandLorne Sossin: CanadaErnie Young: USAPaul Craig: EUDenis Baranger: FranceEberhard Schmidt-Assmann: GermanyGiacinto della Canancea: ItalyDaniel Sarmiento: Spain

Editorial Reviews

"A commendable primer. ...[A] very useful and interesting collection of essays on government, its powers and their regulation in contemporary democratic states and an international organisation."--The NYU School of Law Global and European Law Books Review Program