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Questions tagged [separation-of-powers]

Questions relating to the separation of power when it comes to governing a state. A prime example is the trias politica which divides power between a legislature, an executive and a judiciary.

3 votes
2 answers
164 views

Would a Member of Parliament be able to successfully challenge her expulsion in the Courts?

In October 2023, a Member of Parliament in Lok Sabha, Mahua Moitra, was formally accused of "cash for query", i.e. taking money from someone in exchange for asking questions for them in the ...
whoisit's user avatar
  • 6,128
2 votes
2 answers
271 views

Why do so many Indians apparently despise the separation of powers?

A Pew poll: The wording of the Q[s] was: "A system in which a strong leader can make decisions without interference from [country-specific legislative body, e.g. parliament or Congress] or the ...
got trolled too much this week's user avatar
14 votes
2 answers
4k views

DeSantis' "US Constitution’s 'leverage points'... to exercise the 'true scope' of presidential power"; something new or based on existing theories?

CNN's May 26 2023 DeSantis is going after Trump like never before includes the following: Now, DeSantis is making the case that he is better suited to deliver on the promises that Trump himself ...
uhoh's user avatar
  • 17k
7 votes
1 answer
563 views

Was a Czech president ever successful in having a legislation proposal dropped after his veto or threat thereof?

The Czech constitution gives the President a veto power on legislation, but this can be overridden by 50% (+1 I assume) of the absolute number of parliamentarians, which may be slightly difficult in ...
got trolled too much this week's user avatar
5 votes
1 answer
391 views

Does China have a separation of power between legislative and executive branch? What is the equivalent of a Minister in China?

Note: Please don't devote a good percentage of your answer on criticizing China and its way of governance. Try to be explanatory and not judgemental. So far, I have only able to grasp that China is ...
ConGovDeIn's user avatar
7 votes
3 answers
2k views

Guardrails against the German president from "going rogue"; violating norms and guidelines and unilaterally making/blocking foreign policy decisions?

I first saw the following line in Politico's April 13, 2022 Zelenskyy’s Steinmeier snub triggers backlash in Germany referring to German President Frank-Walter Steinmeier and Chancellor Olaf Scholz: ...
uhoh's user avatar
  • 17k
3 votes
1 answer
132 views

How do the Minister for Europe and Foreign Affairs and Minister of the Armed Forces differ in their authority from the powers held by the President?

I know that France is a semi-presidential system where the head of government (Prime Minister) is separate from the head of state (President of the Republic). Now, some brief reading on wikipedia's ...
MrMineHeads's user avatar
6 votes
2 answers
497 views

What are the types of decisions of the Supreme Court that can be overruled by the U.S. Congress?

What are the types of decisions of the Supreme Court that can be overruled by Congress? In some countries, when the Supreme Court makes decision on any matter, it cannot be reversed by any lower ...
Sayaman's user avatar
  • 45.3k
0 votes
2 answers
620 views

Is the current governance of the United States Capitol Police at odds with separation of powers doctrine?

The United States Capitol Police (USCP) appears to be a law enforcement agency and has been in the news since the capitol riot of January 6th, 2021. However, in recent events, the Capitol Police ...
Burt_Harris's user avatar
  • 8,071
0 votes
1 answer
2k views

Can the President personally arrest someone? [duplicate]

If all executive powers is held by the President and FBI agents can make arrests, doesn’t that mean the President can too?
The Mamba's user avatar
  • 2,026
9 votes
1 answer
2k views

Why didn’t the Framers of the US Constitution clarify who has the power to suspend habeas corpus?

It seems awfully strange to mention a very strong power, that if used improperly could destroy American democracy, and not say who can invoke it. Why?
The Mamba's user avatar
  • 2,026
12 votes
3 answers
2k views

How can Congress end a war over the objections of the President

The Constitution seems to indicate that Congress should control war making, since it has the sole power to declare war. However, as the Commander in Chief, the President is given very broad powers ...
Sayaman's user avatar
  • 45.3k
11 votes
1 answer
429 views

Will any state or federal laws be broken by a rich individual funding the movement and support of South Dakota National Guard troops?

Politico's Billionaire GOP donor is funding South Dakota National Guard border deployment says: Willis Johnson doesn’t live in the state but says he backs Gov. Kristi Noem, a potential presidential ...
uhoh's user avatar
  • 17k
18 votes
2 answers
4k views

How can the US President create a waiver for patent enforcement?

According to a recent statement by the US Trade Representative: “This is a global health crisis, and the extraordinary circumstances of the COVID-19 pandemic call for extraordinary measures. The ...
JonathanReez's user avatar
  • 51.4k
5 votes
3 answers
350 views

Does Congress delegate powers to the Cabinet directly or to the President who then gives it to the Cabinet member?

My question basically boils down to "does the Cabinet hold powers separate from the President?" I'll give an example of what I mean. The Secretary of Treasury is responsible for "...
MrMineHeads's user avatar

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