The idea that constitutional conventions exist outside of the bounds of courts and are injusticiable can be quite frustrating for many political scientists and politicians. Conventions are best viewed as a set of governmental traditions or norms that while not legally binding are often socially binding through votes of confidence (Rozenberg, 1998). They are to be viewed as a political aberration that exist in large numbers in both the British and U.S. systems of government. There is no agreed-upon system for dealing with questions arising from the topic of constitutional conventions, yet these very same conventions, by nature, adhere to the cultural, legal, and social norms and morals of the society, which the executive oversees.
There is no singular perspective from which to view constitutional conventions. They help government to run smoothly by creating both highly adaptable and highly indefinable sets of executive responsibilities that cannot be enforced by the courts. There have even been some very landmark cases that have tested this characteristic and each and every time, as we have seen with AG v Cape, constitutional conventions, and their jurisdiction over government operation, have been indirectly justified...
Executive Orders Abuse Power? The best known directives consist of executive orders and presidential proclamations, but there are many other documents that have a similar functional and effects. Reduced to their basic core, presidential directives are merely written, rather than oral, instructions or declarations that are handed down by the President. Authority for these directives must come from either the Constitution or statutory delegations. Yet the President's authority to issue
Power and Weakness Robert Kagan's 2002 article entitled "Power and Weakness" which appeared in the journal Policy Review is a fine example of an argument that takes advantage of its assumptions without discussing them. The purpose of this essay is to critically analyze this source which represents a sustained reflection on the detractions, merit and implications of the author. This essay will first summarize the article by discussing the explicit and
Executive Privilege After Vietnam and Watergate, the issue of executive privilege had not registered much of a blip on the radar. However, the recent Enron scandal has allowed Congress to question the validity of the executive privilege argument. In January 2002, Comptroller General David Walker, head of the non-partisan Government Accounting Office, announced that he would sue Vice President Dick Cheney in order to obtain information about the National Energy Policy
Thus, the initial negotiation was not a difficult choice, as Miami had both the lowest opportunity cost and the highest benefits. Later, when Washington re-entered the picture, it was because the league had raised suspicion with respect to the Miami contract with Howard. As a result, the cost-benefit analysis and risk analysis shifted. If Howard went to arbitration against the league, he would risk losing $50-60 million over the length
They have worked hard to change the views of women in power. In particular, the women that have succeeded despite having "female" personality traits and leadership styles have paved the way for a shift in the paradigm that allows for future women to be more readily accepted. Once this occurs, more women will be in management. This allows for the rational-legal authority to also shift, since leaders tend to
And what of the details of this imprisonment? Were the camps liveable? Did they provide basic community services, like public education, privacy for families, civic news communications? The original "evacuation" to the camps was traumatic in itself for many of the Japanese-Americans, who were given a week or less to gather belongings, settle any long-term obligations they might have in their communities, say goodbye to friends and loved ones, and
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