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A Theory of the Executive Branch – Tension and Legality - Oxford Scholarship Online
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A Theory of the Executive Branch: Tension and Legality

Margit Cohn

Abstract

The executive branch in Western democracies has been handed a virtually impossible task. Expected to ‘imperially’ direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, the book argues that the tension between the political dominance of the executive branch and its submission to law is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks ... More

Keywords: executive branch, president, executive powers, comparative law, public law, tension, legality, political theory, judicial review, prime minister

Bibliographic Information

Print publication date: 2021 Print ISBN-13: 9780198821984
Published to Oxford Scholarship Online: April 2021 DOI:10.1093/oso/9780198821984.001.0001

Authors

Affiliations are at time of print publication.

Margit Cohn, author
Henry J. and Fannie Harkavy Chair in Comparative Law, Faculty of Law, Hebrew University of Jerusalem