| 词条 | Liberal legalism |
| 释义 |
In politics and law, liberal legalism is a belief that politics should be constrained by legal constitutional boundaries.[1] Liberal legalism has also been called legal constitutionalism, such as is found in United States and Germany, with political constitutionalism, which is more typical of Britain, by British constitutional scholar Adam Tomkins. He argues in his book Our Republican Constitution that the British system of governance, in which Parliament controls government ministers, provides a better check on executive power than a system like that of the United States, where courts and laws are used to check executive power.[2] Loughlin argues that the aim of legal-liberalism is to "confine politics to the straight-jacket of law."[2] Tomkins argues that courts and constitutions are a poor check on executive or legislative authority since they must wait for court decisions to bubble up from lesser courts before they can act; since this process can take years, even decades, to happen, the court is usually slow to act.[2] Tomkins prefers a parliamentary system like Britain's as being "more suitable and more effective" at restraining governments, and sees flaws in the American system of having courts check executive power.[3] Opponents of liberal legalism often cite examples of executives ignoring or overcoming legal restrictions for political gain, such as presidents George W. Bush and Barack Obama disregarding the War Powers Act.[4] See also
Notes1. ^For the influence of this concept on the application of Public Interest Law see Paula O'Brien, 'Changing Public Interest Law: Overcoming the law's barriers to social change lawyering' (2011) 32 AltLJ 80. {{law-stub}}2. ^In Defence of the Political Constitution, Tomkins, Oxford Journal of Legal Studies, Vol 22, No 1 (2002), p162 3. ^1 2 {{cite news| author = Christopher Moore| title = Our Canadian Republic -- Do we display too much deference to authority ... or not enough?| publisher = Literary Review of Canada| date = November 1, 2008| url = http://reviewcanada.ca/essays/2008/11/01/our-canadian-republic/| accessdate = 2009-10-23}} 4. ^{{cite book|last=Posner|first=Eric|title=The Executive Unbound|year=2010|publisher=Oxford University Press|location=London|isbn=978-0-19-976533-1|pages=10}} 4 : Legal terminology|Constitutional law|Theories of law|Liberalism |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。