All Articles tagged separation of powers

• State Constitutional Commentary
  June 19, 2023 EDT
  GOVERNMENT EMPLOYEES NEED NOT APPLY: WHY THE STATE SEPARATION OF POWERS DOCTRINE BARS LEGISLATIVE DUAL SERVICE
  Robert FellnerColleen McCarty

  This Article concludes that for the many state constitutions with separation of powers clauses the best construction is one that prohibits all forms of legislative dual service.

• General
  October 30, 2022 EDT
  DISORDERED LAW: OBAMA TO TRUMP EXECUTIVE BRANCH ORDERS MANDATING NON-ENFORCEMENT OF INTERNATIONAL TREATIES
  Steven Ferrey

  This article dissects and contrasts critical unilateral exercise of executive actions starting during the Obama presidency; and how thereafter it was reversed and magnified in the Trump presidency.

• Justice Commentaries
  March 10, 2021 EDT
  EXECUTIVE REVISION OF MINIMUM SENTENCES
  Owen Wilder Keiter

  This article discusses the separation-of-powers implications of letting the parole board base its decision about release on its view of the punishment necessary for the potential parolee’s crime of conviction.

• General
  April 08, 2016 EDT
  A CONSTITUTIONAL THEORY OF IMPERATIVE PARTICIPATION: DELEGATED RULEMAKING, CITIZENS’ PARTICIPATION AND THE SEPARATION OF POWERS DOCTRINE
  Dominik Steiger

  The United States Constitution’s implicit rules on participation will be made explicit in this article.

• State Constitutional Commentary
  August 08, 2010 EDT
  STATE SUPREME COURTS, STATE CONSTITUTIONS AND CIVIL LITIGATION
  Paul BraceBrent D. Boyea

  This study argues that state constitutional content—the basic rules of the game—influences the business of state supreme courts when it comes to civil appeals.

• General
  January 01, 2009 EDT
  THE JUDGES V. THE STATE: OBTAINING ADEQUATE JUDICIAL COMPENSATION AND NEW YORK’S CURRENT CONSTITUTIONAL CRISIS
  Justin S. Teff

  This article concludes that absent actual usurpation of judicial prerogative or a purposeful or punitive attack on the judiciary’s independence there is no cognizable separation of powers violation.