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Swartbooi And Another V Speaker Of The National Assembly (Sa 38-2021) [2021] Nasc (4 August 2021), Dunia P. Zongwe

SAIPAR Case Review

In Swartbooi, the Supreme Court of Namibia failed to give flesh, blood and bones to a theory that could unify the cases that dealt with the separation of powers in Namibia. Though few lawyers would disagree with the outcome of its judgment, the Court nonetheless achieved this outcome by retreating into its legalistic shell.

At the same time, the Swaartbooi case completed a triangle that plotted all the possible relationships between the three organs of state in Namibia. After Ex parte in re: the Constitutional Relationship Between the Attorney-General and the Attorney-General (hereinafter referred to as ‘AG and PG’) addressed …

Executive Privilege - With A Catch: How A Crime-Fraud Exception To Executive Privilege Would Facilitate Congressional Oversight Of Executive Branch Malfeasance In Accordance With The Constitution's Separation Of Powers, Anthony W. Wassef

Cornell Law Review

A crime-fraud exception to assertions of executive privilege in response to congressional subpoenas would help level the playing field between the two branches in those moments when Congress is most needed to serve as a check and balance on the executive branch. A crime-fraud exception would signal to executive branch officials that executive privilege will not conceal their malfeasance; would counteract hyperpartisanship as a force that insulates executive branch officials from the consequences of their actions; and would rein in the expansive reach of protective assertions of executive privilege. For years, Congress has surrendered power to the executive branch. A …

The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty

Cornell Journal of Law and Public Policy

No abstract provided.

Defending The (Not So) Indefensible, Seth Barrett Tillman

Cornell Journal of Law and Public Policy

No abstract provided.

More Ours Than Theirs: The Uighurs, Indefinite Detention, And The Constitution, Ulysses S. Smith

Cornell International Law Journal

No abstract provided.

A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah

Cornell International Law Journal

Explores the separations, constructions, & barriers between law & religion from both a secular & religious perspective. Maintaining boundaries between law & religion often results in the construction of the repudiated religious Other. Creation of a public/private divide is based on an exclusion that functions like what psychoanalysts call abjection. However, the abject (religion) is a latent source of creativity that remains outside the domain of the law but weakens it as the primary site of authority. Removing religion from the sidelines of public juridical dialogue reduces the constraining power of discourse & widens the states discretion. The failure of …

When Inter-Branch Norms Break Down: Of Arms-For-Hostages, Orderly Shutdowns, Presidential Impeachments, And Judicial Coups, Peter M. Shane

Cornell Journal of Law and Public Policy

No abstract provided.

Branches Behaving Badly: The Predictable And Often Desirable Consequences Of The Separation Of Powers, Saikrishna B. Prakash

Cornell Journal of Law and Public Policy

No abstract provided.

Reconsidering Fec V. Nra Political Victory Fund Through A Bolstered Functionalism , Peter S. Guryan

Cornell Law Review

No abstract provided.

Justiciability And Separation Of Powers: A Neo-Federalist Approach , Robert J. Pushaw Jr.

Cornell Law Review

No abstract provided.

Mistakes Precedent And The Rise Of The Administrative State: Toward A Constitutional Theory Of The Second Best , Peter B. Mccutchen

Cornell Law Review

No abstract provided.

One Person One Office: Separation Of Powers Or Separation Of Personnel , Steven G. Calabresi, Joan L. Larsen

Cornell Law Review

No abstract provided.

Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves

Cornell Journal of Law and Public Policy

No abstract provided.

Foreign Policy And The Separation Of Powers: Who Sets The Course For The Ship Of State, Robert A. Friedlander

Cornell International Law Journal

No abstract provided.

Governmental Functions And Constitutional Doctrine The Historical Constitution , Russell K. Osgood

Cornell Law Review

No abstract provided.

Formal And Functional Approaches To Separation Of Powers Questions A Foolish Inconsistency , Peter L. Strauss

Cornell Law Review

No abstract provided.

Contemporary Debate About Legislative-Executive Separation Of Powers , Thomas O. Sargentich

Cornell Law Review

No abstract provided.

Theory Of Legislative Delegation, Peter H. Aranson, Ernest Gellhorn, Glen O. Robinson

Cornell Law Review

No abstract provided.

The United States-Iran Hostage Agreement: A Study In Presidential Powers, Christopher Massaroni

Cornell International Law Journal

No abstract provided.