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Full-Text Articles in Law
Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison
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
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. …