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Law Enforcement and Corrections

Series

1988

Law enforcement

Articles 1 - 2 of 2

Full-Text Articles in Law

Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison Apr 1988

Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Law Enforcement And The Separation Of Powers, Gerard V. Bradley Jan 1988

Law Enforcement And The Separation Of Powers, Gerard V. Bradley

Journal Articles

The underlying theory and internal coherence of separation of powers is examined. It is noted that the classic rationale for the separation of power is to prevent tyranny by placing execution of the laws in hands independent from those of the legislature. The author summarizes various opinions that contradict this rationale. For example, Synar stated that the legislature and the Executive were directly accountable to the people if they neglected interbranch checks between them. The separation of powers theory, which justifies the claimed enforcement prerogative, is examined from a constitutional perspective. The author also reports on the consequences of federalism. …