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A Theory of the Executive Branch: Tension and Legality
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.
| Author(s) | By Margit Cohn (Henry J. and Fannie Harkavy Chair in Comparative Law, Henry J. and Fannie Harkavy Chair in Comparative Law, Faculty of Law, Hebrew University of Jerusalem). |
|---|---|
| Publisher | Oxford University Press |
| Format | Hardback |
| Pages | 352 |
| Published in | United Kingdom |
| Published | 24 Feb 2021 |
| Availability | Available |
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.
Introduction PART I: PRELIMINARIES 1: Preliminaries 2: Reaching the internal tension model 3: Maintaining the internal tension model PART II: CONSTITUTION-GENERATED FUZZY LAW 4: Unilateral, non-statutory executive powers 5: The nature and use of un
Margit Cohn is the Henry J. and Fannie Harkavy Chair in Comparative Law at the Faculty of Law of the Hebrew University of Jerusalem. Professor Cohn's teaching and research interests span administrative law, comparative public law, constitutional theory, l
