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Articles on Separation of powers
Displaying 1 - 20 of 22 articles
The Trump administration has once again tried to change immigration law, this time enacting severe limits on the rights of asylum-seekers. An immigration law expert says only Congress can do that.
President Trump has invoked executive privilege to stymie congressional investigators. Another president, Richard Nixon, did the same thing. It helped Nixon hold onto power – but only for a while.
The constitutional conflict between Congress and President Trump over his emergency declaration has potential to undermine centuries of checks and balances between the two branches of government.
Will the public ever see a report from Robert Mueller's investigation of possible collusion between the Trump campaign and Russia? Maybe not. There are big legal hurdles to making it public.
After the recent government shutdown and breakdowns in functioning within all three branches, it looks like the separation of powers system is broken or unbalanced. It is – and it isn't.
Under new WA legislation, the state's attorney-general has the power to order serial killers and mass murders remain in jail, sometimes without judicial review.
South Africa's local governments lack a clear separation of legislative and executive powers.
Donald Trump is far from the first president to politicise the judiciary, but the way he's going about it is uniquely dangerous.
Opposition leader Mmusi Maimane's takeover of responsibility for tackling the Western Cape water crisis blurs party and state lines.
A survey asked Americans what they would do if the Supreme Court started making many unpopular decisions. Here's what they said.
What South Africa's opposition parties want Parliament and the courts to do would damage the country's democracy.
A motion of no confidence - secret or open - in South Africa's president will be destabilising. There's value in ensuring that such a hefty decision is made openly and with courage of conviction.
How will Mueller perform as special counsel? A historian compares his actions with another former FBI director to find out.
Revenge is sweet – but if the Democrats indulge in it, they could dramatically weaken a whole branch of the US government.
There's a whole system of checks and balances in place to stop a president like Trump going too far.
Laws play their role in regulating our governments, but so does our own respect for political conventions. And the way these are upheld goes to the heart of our freedom as democratic people.
Proposals for constitutional recognition of Indigenous people are gaining momentum but also raising legal concerns. Here is a form of words to create an advisory council that overcomes those concerns.
In his incautious remarks about the Australian Human Rights Commission’s (AHRC) report into children in detention, Prime Minister Tony Abbott has shown a disregard for basic institutions of democracy that…
With the announcement of Australia’s involvement in dropping aid to Kurdish fighters engaged against Islamic State extremists in northern Iraq, questions have again arisen about who should control Australia’s…
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Professor of Law, University of the Witwatersrand
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Professor of Sociology and Social Policy, University of Sydney
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Lecturer in American Studies, University of East Anglia
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Professor of Constitutional Law, University of Sydney
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Professor of Criminology, Australian National University
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Professor and Head of School, UNSW
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Associate Professor, UNSW Law School, UNSW
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Arie Freiberg is a Friend of The Conversation.
Emeritus Professor of Law, Monash University
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Senior Lecturer in Socio-Legal Studies, Flinders University
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Professor of American Politics, Fairleigh Dickinson University
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Senior Lecturer in Law, City, University of London
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Professor of Planning and Public Policy, Rutgers University
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Professor of Political Studies, University of Johannesburg
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Professor Political Science and Director of McCourtney Institute for Democracy, Pennsylvania State University
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Professor of Political Science, Pennsylvania State University
