A theory of the executive branch : tension and legality / Margit Cohn, The Hebrew University of Jerusalem.

Format:

Book

Author/Creator:

Cohn, Margit, author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Executive power--Western countries.

Executive power.

Western countries--Politics and government.

Western countries.

Physical Description:

1 online resource (352 pages).

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, [2021]

Summary:

This monograph offers a theoretical foundation of the executive branch in Western democracies and argues that the tension between dominance and submission is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of the substantive limitation of power.

Contents:

Introduction

Part I. Preliminaries

Preliminaries

Reaching the internal tension model

Maintaining the internal tension model

Part II. Constitution-generated fuzzy law

Unilateral, non-statutory executive powers

The nature and use of unilateral executive measures : a comparative analysis

Part III. Legislation and executive-generated fuzzy law

Case studies : emergency and air pollution, overviews

Legislation-generated fuzziness : patchwork legislation

Executive-generated fuzziness : on the spectrum of (non)-implementation

Part IV. Analysis

Fuzzy legality and the challenge to proper governance

Keeping the internal tension under check : the role of the judiciary in a multiple-fora participatory/deliberative democracy

Conclusion.

Notes:

This edition also issued in print: 2021.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-255517-0

0-19-255516-2

0-19-186115-4

OCLC:

1247122719