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Full-Text Articles in Law
"Never Before In The History Of This Country?": The Rise Of Presidential Power In The Lula Da Silva And Rousseff Administrations (2003-2016), Mauro Hiane De Moura
"Never Before In The History Of This Country?": The Rise Of Presidential Power In The Lula Da Silva And Rousseff Administrations (2003-2016), Mauro Hiane De Moura
Washington International Law Journal
After the impeachment of President Collor de Mello (1990-1992), Brazil finally managed to devise and implement an economic plan that, firmly based on economic science, eradicated the country's long-standing hyperinflation. In the following Cardoso Administration (1995-2002), new regulatory frameworks were introduced in several different sectors—the implementation and oversight of which were entrusted to Regulatory Agencies relatively insulated from the Presidency. Such a model, however, came under attack under the Lula da Silva (2003-2010) and Rousseff (2011-2016) Administrations, ultimately leading to high levels of inflation, a severe recession, and the escalation of public deficit. This article indicates how, during the Lula …
Statutory Anti-Constitutionalism, Maciej Bernatt, Michał Ziółkowski
Statutory Anti-Constitutionalism, Maciej Bernatt, Michał Ziółkowski
Washington International Law Journal
The article aims at demonstrating that unconstitutional results, marking an illiberal transformation may be achieved by means of a series of statutory amendments outside the constitutional amendment procedure, when the guardian of the constitution is deactivated. In other words, the evasion of the constitution becomes a means of illiberal change of the legal system. This process is referred to as “statutory anti-constitutionalism.” The article offers a detailed analysis of the legal methods which are used to evade the constitution. These include excessive use of transitional and intertemporal provisions in the statutes, shortening vacatio legis, shortening of constitutionally-determined terms of …
Unenumerated Power And The Rise Of Executive Primacy, Cheng-Yi Huang
Unenumerated Power And The Rise Of Executive Primacy, Cheng-Yi Huang
Washington International Law Journal
This article argues that contemporary syndromes of constitutional dysfunction do not solely stem from the failures of the controlling executive power. Rather, the tendency of chief executives’ appropriation of power is largely due to the fact that the institutional logic of executive power makes them do so. To govern, the chief executive needs to run the government with power, either political or constitutional. These powers are not always enumerated in the constitution, but would still be regarded as constitutional. This paper argues that the idea of taming unenumerated executive powers by definite constitutional language and text is mostly futile. Drawing …
The Changing Nature Of Bureaucracy And Governing Structure In Japan, Mayu Terada
The Changing Nature Of Bureaucracy And Governing Structure In Japan, Mayu Terada
Washington International Law Journal
This paper analyzes and criticizes changes in the relationship between politics and the bureaucracy, in Japan up to the present from the viewpoint of administrative organizations and related public law system. Drastic changes in the legal system, or legal reform, may sometimes undermine the true intention of the policy and its implementation. Thus, bringing political leadership in administrative decision-making bodies cannot be easily concluded as better or worse than the complete separation of administration and government. To analyze this matter in detail, this paper looks at the following points: 1) Analysis of the operation of the limited political appointment system …
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Washington International Law Journal
Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …