Advanced

Myths and realities of check and balance in sustaining democracy A case study of the American constitution

Kamleh, Jonas (2006)
Department of Political Science
Abstract
Scholars, philosophers, politicians, and citizens alike have been fascinated, since their first implementation in old Athens, with the conceptualisation of separation of powers principle, and the checks and balances mechanisms.

Through a case study of the US constitution, this essay analyzes how the separation of powers principle and checks and balances mechanisms, with regards to foreign policy, have been implemented and constitutionalised in the US constitution. Further, this analysis will look at the crucial role of the executive, legislative, and judiciary branches, and their cause and effect on the separation of powers principle, and the check and balance mechanisms within the framework of the US constitution.

Through the analysis... (More)
Scholars, philosophers, politicians, and citizens alike have been fascinated, since their first implementation in old Athens, with the conceptualisation of separation of powers principle, and the checks and balances mechanisms.

Through a case study of the US constitution, this essay analyzes how the separation of powers principle and checks and balances mechanisms, with regards to foreign policy, have been implemented and constitutionalised in the US constitution. Further, this analysis will look at the crucial role of the executive, legislative, and judiciary branches, and their cause and effect on the separation of powers principle, and the check and balance mechanisms within the framework of the US constitution.

Through the analysis of several cases, pertaining to foreign policy, brought before the U.S. Supreme Court a clear pattern has emerged showing that the judiciary has been deferent and on vague legal bases upheld the executive branches decisions. This has transpired for a long period of time and over a wide variety of cases. Only under recent years has it commenced to uphold its mandate of judicial review, thus defending the delicate balance of the constitution. (Less)
Please use this url to cite or link to this publication:
author
Kamleh, Jonas
supervisor
organization
year
type
L2 - 2nd term paper (old degree order)
subject
keywords
separation of powers, checks and balances, democracy, constitution, judiciary, executive, legislative, Political and administrative sciences, Statsvetenskap, förvaltningskunskap
language
English
id
1327525
date added to LUP
2006-09-06
date last changed
2006-09-06
@misc{1327525,
  abstract     = {Scholars, philosophers, politicians, and citizens alike have been fascinated, since their first implementation in old Athens, with the conceptualisation of separation of powers principle, and the checks and balances mechanisms.

Through a case study of the US constitution, this essay analyzes how the separation of powers principle and checks and balances mechanisms, with regards to foreign policy, have been implemented and constitutionalised in the US constitution. Further, this analysis will look at the crucial role of the executive, legislative, and judiciary branches, and their cause and effect on the separation of powers principle, and the check and balance mechanisms within the framework of the US constitution.

Through the analysis of several cases, pertaining to foreign policy, brought before the U.S. Supreme Court a clear pattern has emerged showing that the judiciary has been deferent and on vague legal bases upheld the executive branches decisions. This has transpired for a long period of time and over a wide variety of cases. Only under recent years has it commenced to uphold its mandate of judicial review, thus defending the delicate balance of the constitution.},
  author       = {Kamleh, Jonas},
  keyword      = {separation of powers,checks and balances,democracy,constitution,judiciary,executive,legislative,Political and administrative sciences,Statsvetenskap, förvaltningskunskap},
  language     = {eng},
  note         = {Student Paper},
  title        = {Myths and realities of check and balance in sustaining democracy A case study of the American constitution},
  year         = {2006},
}