The executive and public law : power and accountability in comparative perspective
Author(s)
Bibliographic Information
The executive and public law : power and accountability in comparative perspective
Oxford University Press, 2006
- : hbk
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Note
Includes bibliographical references and index
Contents of Works
- The struggle to delimit executive power in Britain / Adam Tomkins
- The ambivalence of executive power in Canada / Lorne Sossin
- Continuity and flexibility : executive power in Australia / Simon Evans
- New public management New Zealand style / Janet McLean
- Taming the most dangerous branch : the scope and accountability of executive power in the United States / Ernest A. Young
- The domesticated executive of Scotland / Chris Himsworth
- Executive power in France / Denis Baranger
- The growth of the Italian executive / Giacinto della Cananea
- The scope and accountability of executive power in Germany / Eberhard Schmidt-Aßmann and Christoph Möllers
- The executive and the law in Spain / Daniel Sarmiento
- The locus and accountability of the executive in the European Union / Paul Craig
Description and Table of Contents
Description
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 worried much 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 delimitation of 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? These questions 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 chapters on 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 on the nature of executive power and its accountability.
Table of Contents
- England
- Scotland
- Australia
- New Zealand
- Canada
- USA
- EU
- France
- Germany
- Italy
- Spain
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