“Uneasy lies the head that wears the crown“: when national executives are under siege – a South African perspective
The executive branch wields a considerable amount of power. If this power, however, is abused or captured by third parties it may have dire consequences for a state‘s democratic system, people, and economy. Recently the situation in South Africa with regard to the President (national execuitve) has become increasingly strained. The South African President seems...
Governing By Chief Executives
Despite claims about the “hollowing-out“ of the state, governments worldwide are still focused on policymaking through various bureaucratic structures. But who controls this apparatus? In the US, the common response is that the president possesses most levers of control over the administrative state. In this paper, I argue that similar reality exists in parliamentary systems...
Lawmaking in 21st Century Canada: Executive Power and the Search for Accountability
Canada prides itself as an exemplar of democracy and the rule of law. It has constitutionally entrenched fundamental rights and freedoms and scores highly on studies assessing the quality of its legal system. Yet its clean bill of health and sterling reputation abroad masks the less positive reality of lawmaking in 21st century Canada. Most...
Law or Power: An Application of Legal Theory To The Practice of American National Security Policies
The US government has employed torture, drone assassination, and suspended due process in its “War on Terror. These methods have been criticized on moral grounds for violating basic principles of justice and constitutional grounds for usurping power not delegated to the executive. My critique focuses on a third overlooked factor. I show that many actions...
Strengthening the Role of the Minister of Justice in the New Statutes Concerning Courts in Poland
In 2017, three laws concerning the status of the judiciary in Poland were passed: a new law on the Supreme Court and laws amending acts on the National Council of the Judiciary and on the organisation of common courts. However, a number of their provisions evidently violate the constitution and have been highly criticised by...
Temptations of Executive Power: Repromulgation of Ordinances in India
This paper tells the story of an iconic decision in India: DC Wadhwa v State of Bihar. The Indian Constitution authorizes the executive to enact temporary legislation provided certain conditions are met. Can the executive repeatedly promulgate the same ordinance? In Wadhwa the court said no: Repromulgation negates the system of separated powers, and renders...