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Legislation

University of Colorado Law School

Separation of powers

Articles 1 - 13 of 13

Full-Text Articles in Law

The Statutory Separation Of Powers, Sharon B. Jacobs Jan 2019

The Statutory Separation Of Powers, Sharon B. Jacobs

Articles

Separation of powers forms the backbone of our constitutional democracy. But it also operates as an underappreciated structural principle in subconstitutional domains. This Article argues that Congress constructs statutory schemes of separation, checks, and balances through its delegations to administrative agencies. Like its constitutional counterpart, the “statutory separation of powers” seeks to prevent the dominance of factions and ensure policy stability. But separating and balancing statutory authority is a delicate business: the optimal balance is difficult to calibrate ex ante, the balance is unstable, and there are risks that executive agencies in particular might seek expansion of their authority vis-à-vis ...


The Incompatibility Principle, Harold H. Bruff Jan 2007

The Incompatibility Principle, Harold H. Bruff

Articles

No abstract provided.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Jan 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Articles

No abstract provided.


That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff Jan 1995

That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff

Articles

No abstract provided.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Articles

No abstract provided.


The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff Jan 1993

The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff

Articles

No abstract provided.


Independent Counsel And The Constitution, Harold H. Bruff Jan 1988

Independent Counsel And The Constitution, Harold H. Bruff

Articles

No abstract provided.


The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel Jan 1986

The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

Articles

No abstract provided.


Controlling The Structural Injunction, Robert F. Nagel Jan 1984

Controlling The Structural Injunction, Robert F. Nagel

Articles

No abstract provided.


Judicial Review And The President's Statutory Powers, Harold H. Bruff Jan 1982

Judicial Review And The President's Statutory Powers, Harold H. Bruff

Articles

No abstract provided.


Log-Rolling And Judicial Review, Michael J. Waggoner Jan 1980

Log-Rolling And Judicial Review, Michael J. Waggoner

Articles

No abstract provided.


Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn Jan 1977

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Articles

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on ...


Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff Jan 1976

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Articles

No abstract provided.