Separation of Powers in Practice

Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary's advantage of being able to do justice in an individual case, and the executive's homogeneity and flexibility, which best suits it to decisions of an ad hoc nature.

Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

Author: Tom Campbell
Publisher: Stanford Law and Politics
Published: 07/22/2004
Pages: 248
Binding Type: Hardcover
Weight: 0.99lbs
Size: 9.40h x 6.42w x 0.76d
ISBN: 9780804747363

Review Citation(s):
Choice 02/01/2005 pg. 1097

About the Author
Tom Campbell is a former five-term U.S. Congressman and one-term California State Senator. He was a Professor of Law at Stanford for nineteen years, and is currently Bank of America Dean and Professor of Business at the Haas School of Business, University of California, Berkeley.