Bücher: „Separation of administrative and judicial authorities“

1

Luchtman, Michiel. European cooperation between financial supervisory authorities, tax authorities and judicial authorities. [Antwerp, Belgium]: Intersentia, 2008.

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2

Luchtman, Michiel. European cooperation between financial supervisory authorities, tax authorities and judicial authorities. [Antwerp, Belgium]: Intersentia, 2008.

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3

Québec (Province). Groupe de travail sur l'autonomie administrative des tribunaux judiciaires. L' autonomie administrative des tribunaux judiciaires au Québec: Rapport du Groupe de travail sur l'autonomie administrative des tribunaux judiciaires. [Québec]: Le Groupe, 1993.

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4

Timoshkin, K. A. Razdelenie i vzaimnoe sderzhivanie sudebnykh i ispolnitelʹnykh organov gosudarstvennoĭ vlasti. Ivanovo: Izdatelʹstvo "Ivanovskiĭ gosudarstvennyĭ universitet", 2011.

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5

Oellers-Frahm, Karin. Review of constitutionality of legal norms and acts of public authorities in the Federal Republic of Germany. Heidelberg: C.F. Müller Juristicher Verlag, 1986.

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6

Enterría, Eduardo García de. Democracia, jueces y control de la administración. 2. Aufl. Madrid, España: Editorial Civitas, 1996.

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7

Enterría, Eduardo García de. Democracia, jueces y control de la administración. Madrid: Editorial Civitas, 1995.

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8

Enterría, Eduardo García de. Democracia, jueces y control de la administración. 4. Aufl. Madrid: Editorial Civitas, 1998.

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9

Bourserie, Jérôme. L' action administrative au regard de la jurisprudence du tribunal des conflits. Lille: ANRT. Atelier national de reproduction des thèses, 2006.

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10

Cohen, Dany. La cour de cassation et la séparation des autorités administrative et judiciaire. Paris: Economica, 1987.

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11

Camacho, Mario Jesús Aguilar. Acto de gobierno: Valoración jurídico-política. México, D.F: Porrúa Hermanos, 2005.

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12

United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Subcommittee on Regulatory Affairs and Federal Management. Examining the proper role of judicial review in the federal regulatory process: Hearing before the Subcommittee on Regulatory Affairs and Federal Management of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Fourteenth Congress, first session, April 28, 2015. Washington: U.S. Government Publishing Office, 2015.

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13

Pourhiet, Anne-Marie Le Bos-Le. Les ordonnances: La confusion des pouvoirs en droit public français. Paris: L.G.D.J. lextenso éditions, 2011.

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14

Kŭllobŏl kyŏngjaeng sidae chŏkkŭk haengjŏng sirhyŏn ŭl wihan Haengjŏngbu pŏp haesŏkkwŏn ŭi chaejomyŏng. Sŏul T'ŭkpyŏlsi: Kyŏngin Munhwasa, 2012.

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15

Marbury v. Madison: The origins and legacy of judicial review. Lawrence: University Press of Kentucky, 2000.

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16

Secretariat, Council of Europe, Hrsg. Implementation of the European Convention On Human Rights in respect of young persons and children placed in care or in institutions following a decision of the administrative or judicial authorities: Replies of governments to the Secretary General's enquiry under Article 57 of the European Convention on Human Rights. Strasbourg: Council of Europe, 1986.

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17

Europe, Council of, Hrsg. Implementation of the European Convention on Human rights in respect of young persons and children placed in care or in institutions following a decision of the administrative or judicial authorities: Replies of governments to the Secretary General's enquiry under Article 57 of the European Convention on Human Rights. Strasbourg: Council of Europe, 1986.

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18

Panfilov, Anatoliy, Vladimir Mayorov und Aleksey Sumachev. Countering illegal archaeological activity in the Russian Federation: issues of legal regulation and law enforcement. ru: INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/1894394.

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Taking into account the latest changes in legislation, the monograph examines the norms of administrative-tort and criminal legislation providing for administrative and criminal liability for illegal archaeological activities in the Russian Federation. According to the author, the emerging judicial practice in Russia in cases of administrative offenses provided for in Articles 7.15, 7.15.1 of the Administrative Code of the Russian Federation, and criminal cases of a crime provided for in Article 243.2 of the Criminal Code of the Russian Federation raises many questions, which requires further improvement of Russian legislation in the field of protection of cultural heritage objects. The author suggests a number of innovations that could be taken into account when developing a law on archaeological heritage sites and on improving the relevant protective norms. Special attention is paid to the analysis of norms-definitions that reveal the content of the basic concepts: "archaeological heritage object", "archaeological objects", "cultural layer". The necessity of abandoning the "floating" age criterion (at least one hundred years old), fixed in the Federal Law "On Objects of Cultural Heritage (historical and cultural monuments) of the peoples of the Russian Federation", is substantiated. Instead of the age criterion, it is proposed to introduce the concept of "archaeological epoch" into legal circulation. The content of the concepts is also revealed: "illegal search and seizure of archaeological objects from the archaeological cultural layer", "archaeological cultural layer", "damage to the archaeological cultural layer", "destruction of the archaeological cultural layer". It is intended for scientists and practitioners, law enforcement officials, public authorities and local self-government, teachers, graduate students and students of law schools and faculties, historians, as well as anyone interested in the legal protection of archaeological heritage sites.

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19

Duic, Walter. Directory of Administrative and Judicial Authorities in Ec Coun. K G Saur Verlag Gmbh & Co, 1989.

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20

Judicial Fortitude: The Last Chance to Rein In the Administrative State. Encounter Books, 2018.

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21

Democracia Jueces y Control de la Administracion. no, 1995.

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22

al-Latif, Muhammad Abd. al-Tashih al-tashrii. Dar al-Nahdah al-Arabiyah, 1991.

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23

Review of administrative acts: A comparative study of the doctrine of the separation of powers and judicial review in France and the United States. W.S. Hein, 2000.

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24

Nick, Robinson. Part IV Separation of Powers, Ch.19 Judicial Architecture and Capacity. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0019.

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This chapter examines the structure of the Indian judiciary, which includes the different types of courts and judges as well as the hierarchies and relations between them. In particular, it considers the appeal and stare decisis, along with the system of internal administrative control through which the Indian judiciary coordinates its behaviour. The discussion begins with an overview of India’s judicial system and the relevant provisions of the Indian Constitution. The chapter then discusses the functioning of the Indian Supreme Court, the High Courts, and subordinate judiciary. It comments on the top-heaviness of the Indian judiciary and its impact on the judicial system’s performance.

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25

Prateek, Jalan, und Rai Ritin. Part IV Separation of Powers, Ch.24 Review of Administrative Action. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0024.

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This chapter examines the concept of administrative review in the context of the Indian Constitution, with particular emphasis on how administrative actions are reviewed under Article 14. It first considers whether administrative review is different from legislative review, and especially whether the grounds of judicial review under Article 14 apply to the same extent when it comes to the validity of legislation compared with administrative action. It then discusses the scope of the power of administrative review under the concept of ‘reasonableness’ and whether this concept has been applied on a consistent basis. It also comments on the inherently abstract and imprecise nature of the concept of ‘reasonableness’ and how this has contributed to the lack of a judicially manageable test or standard for analysing the various cases adjudicated by the Indian Supreme Court. Finally, the chapter discusses the nature of executive power and how it may influence an adjudication of reasonableness.

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26

TV, Somanathan. Part IV Separation of Powers, Ch.22 The Administrative and Regulatory State. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0022.

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This chapter explores how India’s constitutional law has addressed the administrative and regulatory State as it has evolved outside the traditional branches of government, and how judicial review is exercised over it. It begins by providing a background on constitutional issues relating to the administrative State as it functions within the executive branch, before turning to a discussion of the major regulatory bodies that either are explicitly called ‘regulatory’ or exercise regulatory functions. It then considers the constitutional position of the administrative and regulatory State based on judicial decisions and on the Indian Constitution. It also examines the conceptual underpinnings of, and justification for, the regulatory State, along with some specific concerns arising from the regulatory State such as legal uncertainty and excessive delegation. The chapter concludes by analysing some of the issues associated with the emerging constitutional jurisprudence on the regulatory State.

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27

Nelson, William E., und William Edward Nelson. Marbury v. Madison : The Origins and Legacy of Judicial Review. University Press of Kansas, 2000.

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28

della Cananea, Giacinto, und Stefano Mannoni, Hrsg. Administrative Justice Fin de siècle. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867562.001.0001.

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This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.

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29

Nelson, William E., und William Edward Nelson. Marbury v. Madison : The Origins and Legacy of Judicial Review. University Press of Kansas, 2000.

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30

Alexandrowicz, C. H. The Quasi-Judicial Function in Recognition of States and Governments (1952). Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198766070.003.0026.

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This chapter discusses whether the legal element in recognition can be identified with the quasi-judicial function, and whether the latter is performed by the recognizing state in the same way as it is exercised by administrative authorities in the national field. The exercise of power by an administrative authority often involves a process which is partly executive and partly judicial. The judicial element may be called quasi-judicial, and thus the whole power quasi-judicial. Whenever a new state or government appears in the international sphere, it will as a rule become a candidate or applicant for recognition. It will, by unilateral request, approach other Powers who become, individually, the judges of the case. The Powers exercising a quasi-judicial function apply rules of international law and are agents of an international order.

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31

Warren J, Newman. Part VI Constitutional Theory, D The Role of Constitutional Principles in Canadian Constitutional Law, Ch.48 The Rule of Law, the Separation of Powers and Judicial Independence in Canada. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0048.

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This chapter considers the meaning, scope, and application of three constitutional principles of surpassing importance in Canada. The rule of law is foundational to Canada’s constitutional framework and may properly be characterized as the first principle of Canadian constitutional law. It is linked to, and in some respects, forms the underpinning for other fundamental principles, including constitutionalism, federalism, democracy, and parliamentary sovereignty. As the latter principles are the focus of chapters by other commentators in this Handbook, this chapter will examine the rule of law primarily in relation to the separation of powers and judicial independence. The principle of judicial independence is also essential to the functioning and structure of the Constitution, given the role the courts are called upon to play in policing the constitutional limits of legislative power and administrative action. The separation of powers is still an emerging principle in Canada, but also increasingly viewed as fundamental.

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32

Lorne, Sossin. Part II Institutions and Constitutional Change, C The Courts, Ch.11 Courts, Administrative Agencies, and the Constitution. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0011.

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This chapter sets out the constitutional foundation for courts and administrative agencies in Canada. It examines the constitutional foundations for Canadian courts, including Canada’s constitutional texts; unwritten constitutional principles such as judicial independence, access to justice, and the rule of law; quasi-constitutional statutes such as the Supreme Court Act; and the common law Constitution. The chapter next considers the constitutional foundations for administrative agencies, particularly around the extent to which agencies can implement and are subject to the Constitution. Finally, the chapter situates the discussion of administrative agencies against the backdrop of Canada’s separation of powers, including emerging dynamics flowing from Indigenous self-government.

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33

Kretzmer, David, und Yaël Ronen. The Occupation of Justice. 2. Aufl. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190696023.001.0001.

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Judicial review by Israel’s Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel’s legal and political control of these territories. The Occupation of Justice, Second Edition, presents a comprehensive discussion of the Court’s decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court’s approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in territory whose inhabitants are not part of the political community to which the Court belongs. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government’s policies. The study shows that while the Court’s review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.

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34

Stanton, John, und Craig Prescott. Public Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198852278.001.0001.

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Public Law provides an interesting approach to constitutional and administrative law. Topics include: the UK Constitution; the institutions of government and the separation of powers; the rule of law; parliamentary sovereignty; the European Union; and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice, the European Convention on Human Rights and the Human Rights Act, and human rights in the UK.

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35

Stanton, John, und Craig Prescott. Public Law. Herausgegeben von David Mead. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198722939.001.0001.

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Public Law provides an interesting approach to constitutional and administrative law. Topics include: the UK constitution; the institutions of government and the separation of powers; the rule of law; Parliamentary sovereignty; and Parliamentary sovereignty, the European Union, and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice; the European Convention on Human Rights and the Human Rights Act; and human rights in the UK.

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36

Assefa, Fiseha. Part III The Relationship Between the Judiciary and the Political Branches, 11 Relations Between the Legislature and the Judiciary in Ethiopia. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0012.

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This chapter examines the relationship between the judiciary and the legislature in Ethiopia. The country has adopted a parliamentary system of government, but by contemporary standards, it has some unusual features. Its governments have historically blended judicial and executive functions, leaving the position of the judiciary somewhat unclear, and the Supreme Court has not tended to assert its power. There are signs of the use of legislative overrides to reverse individual decisions, and of ouster clauses to transfer jurisdiction on various issues from the courts to administrative tribunals within the executive. Although lower courts have attempted to review decisions of these tribunals, the Supreme Court has overruled them on the basis that it lacks jurisdiction. The highest ranks of the judiciary therefore seem to be accepting of a vision of the separation of powers in which other branches define the judicial role.

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37

Joanne, Foakes, und Denza Eileen. Book III Privileges and Immunities, 14 Privileges and Immunities of Diplomatic Agents. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0014.

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This chapter explores the immunities accorded to a diplomatic agent personally, as distinct from those dealt with in the previous chapter. These include personal inviolability and immunity from criminal, civil, and administrative jurisdiction. Unless entitled to some specific exemption by international agreement or by national law, a diplomatic agent is otherwise legally bound by the laws and regulations of the receiving State. Diplomatic agents are not exempt from the obligation to obey the local criminal law, or from the duty to pay debts, or to seek local planning permission before rebuilding their residences, or from local regulations regarding the maintenance and insurance of vehicles when driving. But if they break any of these laws, immunity means that they cannot be arrested or detained by the executive authorities of the receiving State and cannot be subjected to criminal trial or sued in civil proceedings before the judicial authorities of that State.

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38

Stanton, John, und Craig Prescott. Public Law. 3. Aufl. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192857460.001.0001.

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With its fresh, modern approach and unique combination of practical application and theoretically critical discussion, Public Law guides students to a clear understanding of not only the fundamental principles of constitutional and administrative law, but how they are relevant in everyday life. Topics include: the UK Constitution; the institutions of government and the separation of powers; the rule of law; parliamentary sovereignty; the European Union; and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice, the European Convention on Human Rights and the Human Rights Act, and human rights in the UK.

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39

Clements, Richard. Concentrate Questions and Answers Public Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198819912.001.0001.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to public law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The second chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.

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40

Clements, Richard. Concentrate Questions and Answers Public Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853497.001.0001.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic, and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to Public Law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The twelfth chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.

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41

Clements, Richard. Concentrate Questions and Answers Public Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745259.001.0001.

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The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to public law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The second chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.

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42

Faragher, Colin. Public Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840527.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects relevant to constitutional law including sources, the rule of law, and separation of powers. It details the role of the executive, constitutional monarchy, and the Royal Prerogative. It also looks at sovereignty of Parliament and European Union law. It covers topics such as administrative law, judicial review, human rights, police powers, public order, and terrorism. This new edition examines the constitutional issues raised by and the legal effect of the provisions of the European Referendum Act 2015, the European Union (Notification of Withdrawal) Act 2017, the European Union (Withdrawal) Act 2018, and the proposed European Union (Withdrawal Agreement) Bill. It also looks at the constitutional status of the Sewel Convention, legislative consent motion procedure, the use of secondary legislation by the executive to amend law and the separation of powers implications of Henry VIII Clauses, the constitutional role of the House of Lords in scrutinizing and amending primary legislation, the Speakers' Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, the whip system, back bench revolts, confidence and supply agreements in government formation, and the current state of legislative and executive devolution in Northern Ireland. There are also full details of the key principle in the decision of the Court of Justice of the European Union in Wightman v Secretary of State for Exiting the European Union [2018] SLT 959.

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43

Faragher, Colin. Public Law Concentrate. 7. Aufl. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897251.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.

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44

Faragher, Colin. Public Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803898.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects relevant to constitutional law including sources, the rule of law, and separation of powers. It details the role of the executive, constitutional monarchy, and the Royal Prerogative. It also looks at sovereignty of Parliament and European Union law. It covers topics such as administrative law, judicial review, human rights, police powers, public order, and terrorism. This new edition also evaluates new constitutional statutes that have been introduced as part of the Conservative Government’s legislative programme. These include the Counter Terrorism and Security Act 2015, the Cities and Devolution Act 2016, the Scotland Act 2016, and the Wales Act 2017. This edition also contains up-to-date information on the Supreme Court decision in R (on the application of Miller) v Secretary of State for Exiting the European Union (2017).

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45

Pugh, Brian A., und Ronny Frith. Chaos and Compromise. University Press of Mississippi, 2020. http://dx.doi.org/10.14325/mississippi/9781496830197.001.0001.

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This book explains how Mississippi’s budget making process evolved and examines legislation and litigation, as well as those legislators and governors responsible for developing this process. This book explains in detail the significant actions taken by the legislative, judicial, and executive branches of government that affected Mississippi’s procedures. Significant legislation covered includes the passage of Senate Bill 356, which gave the governor the authority to prepare and submit a budget recommendation in 1918; the passage of the Administrative Reorganization Act of 1984; the passage of the Budget Reform Act of 1992; and the passage of the Financial and Operational Responses That Invigorate Future Years Act (FORTIFY) during the First Extraordinary Session of 2017. The first two chapters provide a historical perspective and give the reader an understanding of how legislation and litigation contributed. The book also covers interventions by the courts, which led to the unprecedented separation of powers case Alexander v. State of Mississippi by and Through Allain (1983). In addition to discussing important laws and legislators, Pugh takes a detailed look at six of Mississippi’s recent governors—Bill Allain, Ray Mabus, Kirk Fordice, Ronnie Musgrove, Haley Barbour, and Phil Bryant—to examine their methods for getting the legislature to include their ideas in the often anguished process of making a budget.

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Bücher zum Thema „Separation of administrative and judicial authorities“

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