To see the other types of publications on this topic, follow the link: Principle of separation of powers.
Dissertations / Theses on the topic 'Principle of separation of powers'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Principle of separation of powers.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Delmas, Candice. "Liberalism and the Worst-Result Principle: Preventing Tyranny, Protecting Civil Liberty." unrestricted, 2006. http://etd.gsu.edu/theses/available/etd-07272006-153910/.
Full textAbstract:
Thesis (M.A.)--Georgia State University, 2006.Title from title screen. Andrew Altman, committee chair; Christie Hartley, Peter Lindsay, committee members. Electronic text (88 p.) : digital, PDF file. Description based on contents viewed May 2, 2007. Includes bibliographical references (p. 80-88).
2
Kim, Kiyoung. "Best Practices for Constitutional Government Under the South Korean Framework of Democratic Experimentalism." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5736.
Full textAbstract:
South Korea has been one of the most successful newborn republics since 1948, and yet, since the new millennium, it has been embroiled in a controversy over the issues of constitutionalism and successful government, with the public expressing concerns about transparency, democracy, and competitiveness. Of particular concern is the public's perception of constitutional government. The purpose of this study was to better understand the elements of governmental success and best practices for constitutionalism in the country's framework of democratic experimentalism. Three prongs of inquiry rooted in the democratic experimentalist tradition (lessons learned from private governance, national institutions, and new concepts of rights) were examined. Dorf and Sabel's theory of constitution of democratic experimentalism was used to help answer the research question, which was, how democratic experimentalism supports constitutional government in South Korea. Data were collected through interviews with 16 legal/government professionals under the age of 40, and then coded and thematically analyzed. Findings identified 9 identified key themes as vital for the success of constitutional government in South Korea. Results suggest that constitutionalism and democratic experimentation need to be considered together when seeking to understand the South Korean constitutional government. Implications for positive social change include helping future investigators to better interpret the Korean constitutional system and supporting decision makers and public servants in making better informed decisions to further more democratic and transparent government.
3
Brusokienė, Ivona. "Teismų ir teisėjų nepriklausomumo principas konstitucinėje jurisprudencijoje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110207_111331-82971.
Full textAbstract:
Teismų ir teisėjų principas yra gana senas ir nemažai autorių nagrinėtas, bet ši tema yra aktuali ir šiandien, kadangi teisėjų vykdomam teisingumui neretai bandoma daryti įtaką, o taip pat nereti drausminių bylų iškėlimai rodo, kad vidinis teisėjų nepriklausomumas yra ne iki galo išgrynintas iki tobulos formos.
Darbe analizuojamos Konstitucijos nuostatos, kurios reglamentuoja teismų ir teisėjų nepriklausomumą bei Konstitucinio Teismo nutarimai, liečiantys teismų ir teisėjų nepriklausomumo principą. Kadangi teismų ir teisėjų nepriklausomumo principas yra vienas iš esminių konstitucinės teisės principų, todėl jis yra įtvirtintas ne viename tarptautiniame dokumente. Darbe taip pat analizuojamos tarptautinių dokumentų nuostatos reglamentuojančios teismų ir teisėjų nepriklausomumą ir jos lyginamos su Lietuvos konstitucinėje teisėje įtvirtintomis nuostatomis. Be to, darbe remiamasi sociologinių tyrimų duomenimis norint išsiaiškinti visuomenės pasitikėjimo teismais lygį.
Darbe iškelta hipotezė, kad teisėjų ir teismų nepriklausomumo lygis įtakoja visuomenės pasitikėjimą teismais pasitvirtina, kadangi kuo didesnis teismų ir teisėjų nepriklausomumo lygis, tuo bus didesnis visuomenės pasitikėjimas teismais ir teisėjais.
Pirmoje darbo dalyje nagrinėjamas valdžių padalijimo principas, teisminės valdžios santykis su kitomis valdžiomis (įstatymų leidžiamąja ir vykdomąja) bei išskiriami teisminės valdžios požymiai.
Antroje darbo dalyje analizuojama istorinė tesimų ir teisėjų nepriklausomumo... [toliau žr. visą tekstą]The principle of court and judges is quite old and it has been studied by many authors but this topic is current nowadays as well. The justice supported by judges is often being tried to be influenced as well as frequent disciplinary proceedings show that inner independence of judges is not purified to a perfect form. The provisions of the Constitution which govern the independence of courts and judges are analyzed in the study together with Constitutional Court rulings that are connected with the principle of the independence or courts and judges. As the independence principle of courts and judges is the basic one in the constitutional law it is fortifies in many international documents. The provisions of international documents that regulate the independence of courts and judges are discussed in the study. They are compared to the provisions that are fortified in the Constitution of Lithuania. Besides, the data of sociological researches is used in the study in order to see the level of the trust of the public in courts. The hypothesis is raised in the study that the level of independence of courts and judges influence the public trust in the courts ad judges was confirmed. The higher level of the independence of courts and judges appears the bigger trust of public in courts and judges is. The principle of power division, the ratio of court’s authorities with other authorities (legislature and executive power) as well as the features of the court power are distinguished... [to full text]
4
Ottoni, Sibilla. "Principe de proportionnalité et droit de la concurrence." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020047.
Full textAbstract:
Le contrôle juridictionnel sur les décisions des autorités de concurrence présente une intensité fortement changeante. Cela a engendré un effort de systématisation théorique et a demandé la solution d’une série de questions médianes. La nature technique de la matière économique a en effet justifié un modèle institutionnel spécifique (celui d’autorité administrative indépendante), un certain type de norme (par concepts juridiques indéterminés), une forme particulière de pouvoir discrétionnaire (qu’on peut définir mixte : au même temps pur et technique). Sur la base de tous ces éléments, on a individué l’ampleur idéale du contrôle. Le premier élément, le caractère indépendant des autorités, impose de se questionner sur les limites entre administration en formes contentieuses et juridiction, mais aussi sur les limites entre administration et politique. Le deuxième élément, relatif à la structure de la norme, a engendré une réflexion sur l’exigence que l’administration puisse intégrer la prescription légale, à l’acte de son application, de façon qu’elle participe en quelque sorte à la définition des conditions d’exercice de son propre pouvoir. Le troisième des éléments rappelés, la nature mixte du pouvoir discrétionnaire, a permis de redéfinir les raisons de l’analogie du contrôle juridictionnel sur l’opportunité et de celui sur la pluralité des solutions techniques . L’instrument utilisé pour mener cette analyse est le principe de proportionnalité, instrument d’action de l’administration mais aussi instrument de contrôle du juge, qui a permis de relever l’affinité entre les formes de l’action administrative et forme du contrôle qui sont à l’origine des incertitudes relevéesJudicial review of antitrust authorities’ decisions shows as extremely variable. This justified an effort of theoretical explanation and demanded the elucidation of several intermediate questions. The technical nature of the economic subject accounts for a specific institutional model (the independent agencies one), a given type of norms (through standards and indeterminate concepts), a peculiar form of discretionary power (defined mixt: both pure an technical). Considering all these elements, we defined the ideal reach of judicial review. The first element, the independent nature of authorities, dictates to wonder on the boundaries between confrontational administration and trial, but also on the boundaries between administration and politics. The second element, related to the structure of the norm, provokes a reflection on the necessity that the administration completes the legal prescription while applying it, somehow participating to the definition of her own power’s legitimacy requirements. The third element recalled, the mixt nature of discretionary power, led to redefine the reasons of the analogy between jurisdictional control on opportunity and on technical administrative evaluations. The instrument used to carry out the described analysis is the principle of proportionality, tool of administrative action but also instrument of judicial review, that permitted to reveal the affinity between administrative and jurisdictional paradigms that founds the observed uncertainties
5
Le, Bot Fabien. "Le principe de l'équilibre institutionnel en droit de l'Union européenne." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020107.
Full textAbstract:
Le principe de l’équilibre institutionnel a été utilisé par la Cour de justice depuis les origines de la construction européenne afin de réguler la répartition des pouvoirs entre les institutions des Communautés européennes puis de l’Union européenne. Cette thèse vise à établir une définition du principe en identifiant ses éléments constitutifs. La détermination de son champ d’application, tant matériel qu’organique, et de ses fonctions dans la jurisprudence permet d’y voir un principe général du droit s’appliquant à l’ensemble des institutions et organes de l’Union dotés d’un pouvoir de décision. Principe structurel, l’équilibre institutionnel garantit les éléments fondamentaux du système institutionnel de l’Union européenne, en particulier l’indépendance organique et la collaboration fonctionnelle des institutions. Il ne constitue pourtant pas un frein à l’évolution du système. Utilisé dans un nombre limité d’affaires, le principe pourrait être exploité de façon plus systématique par la Cour de justice. En tant qu’élément structurant de l’organisation horizontale des pouvoirs, il donne une clé de compréhension du système institutionnel de l’Union et de ses évolutions. Il pourrait s’appliquer à des problématiques nouvelles issues notamment du traité de Lisbonne, telles que la délimitation entre actes législatifs, actes délégués et actes d’exécution. Apte à appréhender l’ensemble des rapports de pouvoir entre institutions, le principe de l’équilibre institutionnel,entendu dans un rapport de compatibilité avec le principe de séparation des pouvoirs, pourrait constituer un fondement théorique du régime politique de l’Union européenneThe principle of institutional balance has been used by the European Court of Justice in order to solve conflicts between European institutions about the distribution of powers. This dissertation elaborates a legal definition of the principle. This first includes an approach of its scope of application. The study of the functions of institutional balance in the Court’s caselaw allows understanding the normative impact of this principle. It is a general principle of law which applies to all institutions and organs having a role in the decision-making procedures established by the Treaties. As a structural principle, institutional balance is useful to understand the institutional system of the EU as a whole. It could be used by the Court in amore systematic way and applied to new issues of institutional law, brought for instance by the Lisbon Treaty. The new distinction between legislative acts, delegated acts and executive acts offers new grounds for legal hostilities that the principle could help to solve. As a general institutional principle, institutional balance can be compared to the principle of separation of powers and understood as a founding principle of the European Union political regime
6
Kordeva, Maria. "Le principe de la séparation des pouvoirs en droit allemand : étude doctrinale et jurisprudentielle." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA033.
Full textAbstract:
L'objet de la présente thèse est de procéder à l'étude comparée des doctrines et jurisprudences françaises et allemandes consacrées au principe de la séparation des pouvoirs. D'origine philosophique, ce principe n'est pas, aujourd'hui, dépourvu d'effets juridiques pratiques, comme le montrent les problèmes récents, soulevés dans la jurisprudence du conseil constitutionnel et de la cour constitutionnelle allemande. Toutefois, on ne saurait comparer la mise en oeuvre d'un principe dans deux ordres juridiques différents sans faire l'effort d'un retour nécessaire sur la genèse doctrinale de ce principe, sans apporter au travail comparatif une dimension d'histoire de la culture juridique dans les pays comparés. Le point essentiel de ce travail serait d'expliquer les développements jurisprudentiels les plus récents à la lumière de l'histoire des doctrines. Si notre travail sera essentiellement centré sur une comparaison franco-allemande, il doit rester ouvert à toute perspective intéressante que pourraient fournir, sur le sujet, d'autres jurisprudences nationales et européennesThe thesis focuses on the german constitutional case law and doctrine relating to the principle of the separation of powers. The analysis of the problems concerning the meaning of the rule deducted under article 20 paragraph 2 of the German Basic Law of 23 May 1949 point up its practical application today. The interpretation of the solutions of the Federal Constitutional Court constitues the main part of this research however it is impossible to globally appreciate and understand the principle of the separation of powers without make the necessary effort to explain its genesis in the german constitutionnal law. Ergo, the theories of the Vormärz also the thought of the legal scolars of the Empire and the Weimar Republic are an important key stage that permit to grasp the present form of the principle in the decisions of the judge. The functional justice or the theory of the substantial decision complete the definition of the constitutional separation of powers. The concretisation of these integral elements of the principle create the system of checks and balances that govern the conflicting relations between legislative, executive and judicial powers
7
Issa, Rafael Hamze. "O controle judicial dos atos normativos das agências reguladoras." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-16062015-154504/.
Full textAbstract:
A presente dissertação possui por objeto discutir o controle judicial da atividade normativa das agências reguladoras no direito brasileiro. O trabalho é dividido em três partes. Na primeira, é analisa a evolução do princípio da separação de poderes ao longo dos séculos XIX e XX, bem como a receptividade dele no início do século XXI, notadamente em virtude do processo de retirada do Estado da intervenção direta na economia, como prestador de serviços aos cidadãos, e sua recolocação como regulador das atividades econômicas. Também é analisada na primeira parte como tais mudanças econômicas e sociais implicaram em uma alteração do papel do Poder Judiciário que, inicialmente criado como o menos ativo dos poderes, tornou-se órgão central para a efetivação dos direitos da democracia contemporânea. Na segunda parte, é analisada a atividade normativa das agências reguladoras, com a defesa da tese da delegação legislativa, bem como com a verificação dos requisitos procedimentais e materiais que devem ser observados pelas agências reguladoras na expedição dos atos normativos e de como tais requisitos acabam por limitar a discricionariedade dos entes reguladores. Na terceira parte, é feita a verificação do controle judicial da regulação, tendo como premissas a adoção pelo direito brasileiro do sistema da unidade de jurisdição e as diferenças funcionais entre o Judiciário e a Administração no estabelecimento de políticas públicas, com a defesa de que o controle judicial dos atos normativos das agências reguladoras deve se dar de modo negativo, ou seja, sem que o Judiciário possua competência para a estipulação da política regulatória a ser seguida, e de forma responsiva, ou seja, com a análise das consequências do controle judicial sobre o setor regulado, devendo o magistrado analisar não apenas os aspectos de legalidade do normativo questionado, mas também a finalidade do sistema regulado e os impactos que a decisão judicial terá sobre ele.The object of the current thesis is to discuss the judicial control of the normative activity of the regulatory agencies according to Brazilian law. This paper is divided into three parts. At first, the evolution of the principle of the separation of powers across the Nineteenth and the Twentieth century will be analyzed, as well as the reception of such principle in the early Twenty-one century, especially due to the process of disengagement of the State from the direct intervention in the economy (as a provider of services to the citizens) and its replacement as a regulator of economic activities. Also in the first part, it will be analyzed how such economical and social changes caused a modification of the role of the Judiciary branch which, initially, was created as the less active of the State powers, becoming the central body for the effectiveness of the contemporary democracy rights. The second part analyzes the normative activity of the regulatory agencies, with the defense of the thesis of legislative delegation, as well as with the verification of the procedural and material requirements that must be observed by the regulatory agencies in the issuance of normative rulings and how such requirements end up limiting the discretion of the regulatory bodies. In the third part the verification of the judicial control of such regulation is carried out, having as its premises the adoption, by Brazilian law, of the unity of jurisdiction system and the functional differences between the Judiciary branch and the Public Administration in the establishment of public policies, being defended that the judicial control of the regulatory agencies normative rulings must be made in a negative manner, i.e., without the Judiciary having the competence for the stipulation of the regulatory policy to be followed, as well as in a responsive manner, i.e., with the analysis of the consequences of the judicial control over the regulated sector, being the magistrate responsible for analyzing not only the aspects of legality of the questioned normative rulings, but also the objective of the regulated system and the impacts of the judicial decision on it.
8
Machado, Edinilson Donisete. "Decisão judicial sobre políticas públicas: limites institucionais democráticos e constitucionais." Pontifícia Universidade Católica de São Paulo, 2006. https://tede2.pucsp.br/handle/handle/7215.
Full textAbstract:
Made available in DSpace on 2016-04-26T20:24:41Z (GMT). No. of bitstreams: 1
tesepucsp Edinilson Machado.pdf: 945882 bytes, checksum: 11f40d628720bc1b2fa6b7123a1baba6 (MD5)
Previous issue date: 2006-06-26nenhum
The analysis of concrete situations that admit resolution of difficult cases of public policies demonstrates a great complexity, whose comprehension requires the study of Institutions and patterns adopted constitutionality. The attribution of competence, its limitation and the exercise of the Political Power, represented by the principle of separation of powers, are important for the resolution and comprehension of these cases. In this context, the judicial decision of public policies promotes questions about the attribution of competence and their limits to the Jurisdictional Function. It is possible to observe that the judicial decision happens in a distinct way by the Juridical Positivism and by the denominated Post-positivism. By the doctrinaire and jurisprudence analysis, we intend to demonstrate that the Jurisdictional Function does not possess democratic legitimacy for the political options. Thus, we have concluded that the competence to promote the decisions of public policies depends of the choice of the model and of the democratic arrangements. The Constitutional text has established real limits to the legislator function by the Fundamental Rights. The ordainment opening for the moral topics in the decisions about the public policies is not possible for the Jurisdictional Function, considering that Judges are irresponsible democratically and can not take political decisions. By the democratic Institution point of view, they are limited by the options contained in the Constitution and as interpreters of the ordainment they are united to the equality principle
A análise de situações concretas, que comportam resolução de casos difíceis de políticas públicas, demonstra uma grande complexidade, cuja compreensão demanda o estudo das Instituições e dos modelos adotados constitucionalmente. A atribuição de competência, sua limitação e o exercício do Poder Político, representado pelo princípio da separação de poderes, são importantes para resolução e compreensão desses casos. Neste contexto, a decisão judicial de políticas públicas promove questionamentos sobre a atribuição de competência e seus limites à função jurisdicional. Observa-se que a decisão judicial se dá de forma distinta pelo positivismo jurídico e pelo que se convencionou chamar de pós-positivismo. Busca-se, por meio da análise doutrinária e jurisprudência, demonstrar que a função jurisdicional não possui legitimidade democrática para as opções políticas. Conclui-se que a competência para promover as decisões de políticas publicas depende da escolha do modelo e dos arranjos democráticos. O texto Constitucional impõe limites substanciais à própria função legiferante, por meio dos Direitos Fundamentais. A abertura do ordenamento às pautas morais nas decisões sobre políticas públicas não é possível à Função Jurisdicional, tendo em vista que os Juizes são irresponsáveis democraticamente e não podem tomar decisões políticas. Pela ótica de Instituição democrática, os juízes estão limitados pelas opções contidas na Constituição e, enquanto interpretes do ordenamento, estão cingidos ao princípio da igualdade
9
Armstrong, Kris A. "The Separation Principle – A Principle for Programming Language Design." University of Toledo / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1373382351.
Full text
10
Bambaci, Juliana. "Presidential discretion in separation of powers systems /." May be available electronically:, 2007. http://proquest.umi.com/login?COPT=REJTPTU1MTUmSU5UPTAmVkVSPTI=&clientId=12498.
Full text
11
Yowell, Paul. "Practical reason and the separation of powers." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.547825.
Full text
12
Kyritsis, Dimitrios. "Divided authority : separation of powers and legal theory." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419037.
Full text
13
Soares, Vládia Maria de Moura. "Anencefalia e o direito à vida: a decisão do Supremo Tribunal Federal e a separação de poderes." Pontifícia Universidade Católica de São Paulo, 2016. https://tede2.pucsp.br/handle/handle/6995.
Full textAbstract:
Made available in DSpace on 2016-04-26T20:24:11Z (GMT). No. of bitstreams: 1
Vladia Maria de Moura Soares.pdf: 1124146 bytes, checksum: 14acfec517d53ae7f2be01b5a2bd05c9 (MD5)
Previous issue date: 2016-02-19This study will have as its main theme the confrontation between the Principle of Human Dignity and Life person, especially when it comes to the case of anencephalic babies. Premature baby's death and the feelings arising from the act of carrying a pregnancy to term without being sure how long it will survive. The technological resources of modern medicine allow early diagnosis, this would have the right to mother therapeutic anticipation of childbirth why are wounded in their dignity to carry a baby with little survival time? The concept of human dignity is central category in the discussion of the right to life and the right to human dignity. We will review the decision of the Supreme Court in holding that the mother does have the power of decision to take or not the pregnancy to term. Can the Supreme Court rule a dilemma like that? Not only would fit the Legislature this rule? The methodology used was the bibliographical research, seeking theoretical basis for authors with knowledge and studies on this topic. The result was a better understanding and knowledge gained from research and can transcribe all material collected and transmit more information to other legal professionals
Este trabalho apresenta uma reflexão sobre a legalização da interrupção da gravidez nos casos de fetos anencéfalos. Assunto muito discutido e que teve, em abril de 2012, seu desfecho, com votação pela legalidade da interrupção da gravidez nos casos de fetos com má formação do tubo neural, caracterizada pela ausência parcial do encéfalo. Apresenta, também, de forma geral, o conceito de anencefalia, os casos em que a legislação brasileira admite a interrupção da gravidez sem que esta prática seja um ato criminoso e, ainda, explica de maneira breve a intervenção do STF, o questionamento sobre se o órgão Estatal é o adequado para legislar sobre o assunto. Embora a discussão já estivesse presente, foi com a propositura da Arguição de Descumprimento de Preceito Fundamental - ADPF n°. 54, por parte da Confederação Nacional dos Trabalhadores da Saúde (CNTS), perante o Supremo Tribunal Federal, que o assunto ganhou notoriedade nacional e foi recentemente julgado pelo Supremo Tribunal Federal - STF
14
Herold, Florian. "The Evolution of Reciprocity, Trust, and the Separation of Powers." Diss., lmu, 2005. http://nbn-resolving.de/urn:nbn:de:bvb:19-32479.
Full text
15
Alvey, John Ralph. "The Separation of Powers in Australia: Issues For the States." Queensland University of Technology, 2005. http://eprints.qut.edu.au/16390/.
Full textAbstract:
A study of the separation of powers (legislative, executive, and judicial) in Australia at the Commonwealth and the State level including three Australian States, Queensland, Victoria and New South Wales. The separation of powers (SOP) theory from Locke and Blackstone is used for the SOP theory in Australia. In practice, the English rather than the American system of government and SOP is the model used for the Australian Commonwealth Government and SOP. The Commonwealth SOP is used as a guide for the States SOP. Queensland, Victoria and New South Wales are case studies used to compare and contrast with the Commonwealth. The concept of the SOP in Australia is articulated by the High Court and is derived from the Blackstonian SOP theory rather than the Federalist SOP theory. The implementation of the SOP theory into practice is problematic. The SOP theory is used as a conceptual framework to understand current events. The advantages and disadvantages or problems of the Commonwealth model are presented as a guide for the States. The same structure is used for the study of the three States in the form of the advantages and disadvantages or problems of the SOP at the State level. The entrenchment of the SOP at the State level will help to partly overcome the problems highlighted in the case study chapters. The federal SOP situation is better than at the State level but the entrenchment of Bills of Rights at the Commonwealth and State levels would help to counter the trend in reduction of civil rights. The SOP is important in protecting citizens from the abuse of government power. The lack of separation of powers, especially separation of judicial power at State level, has meant the increasing abuse of powers by the executive and the executive dominating the other two branches of government.
16
Figueroa, Gutarra Edwin. "Separation of powers and constitutional judges: an approach of corrective roles." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116750.
Full textAbstract:
An approach of corrective roles of judges within the constitutional interpretation demands a number of parameters that must necessarily be made compatible with the principles, values and guidelines pursuant to contemporary legal systems. This study covers the dimensions of these corrective roles in the attempt to set reference lines on the delicate task of the constitutional judges in the defense of the effective exercise of the fundamental rights and the regulations’ primacy of the Constitution. Finally, this study investigates if there is a jurisdictional government and to what extent the neoconstitutionalism turns out to be a relevant matter in the interpretation of the Constitution.Un enfoque de roles correctores de los jueces en la interpretación constitucional demanda una serie de parámetros que necesariamente deben ser compatibilizados con los principios, valores y directrices que informan los ordenamientos jurídicos contemporáneos. El presente estudio abarca las dimensiones de esos roles correctores en la pretensión de establecer líneas referenciales sobre la delicada labor de los jueces constitucionales en la defensa de la vigencia efectiva de los derechos fundamentales y de la primacía normativa de la Constitución. Indaga finalmente, si acaso existe un Estado jurisdiccional y en qué medida el neoconstitucionalismo resulta ser un elemento material relevante en la interpretación de la Carta Fundamental.
17
Burnep, Gregory. "The War on Terror and the Separation of Powers Tug-of-War." Thesis, Boston College, 2016. http://hdl.handle.net/2345/bc-ir:107180.
Full textAbstract:
Thesis advisor: Shep MelnickMost of the literature on the separation of powers in the war on terror vastly overstates the power of the presidency and pays little attention to the respective roles of Congress, the courts, and the bureaucracy in prosecuting that conflict. Scholars – especially those in the legal academy – have consistently failed to appreciate the ways in which the president has been, and continues to be, checked and constrained by a variety of forces. In my dissertation, I engage in highly detailed case studies of U.S. law and policy with respect to detention and military commissions in the war on terror. I pay special attention to the complex interactions that occurred within and between our governing institutions in these policy areas. There are two central arguments that come out of my research and run through my case studies. First, the political scientist Robert Kagan’s work on “adversarial legalism” is no longer simply applicable to the domestic policy realm. The proliferation of legal rules and extensive litigation has increasingly come to characterize foreign affairs as well, with important consequences for how the U.S. implements its national security policies and fights its armed conflicts. In short, adversarial legalism has gone to war. Second, loose talk about the “unitary” nature of the executive branch is misleading. The executive branch is a sprawling bureaucracy made up of diverse actors with different perspectives, preferences, and norms, and that bureaucracy has interacted with Congress and the courts in surprising ways to constrain the presidency in the war on terror
Thesis (PhD) — Boston College, 2016
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Political Science
18
Kotlářová, Růžena. "Theoretical concept of separation procedures of revenues and expenses in each period." Doctoral thesis, Vysoká škola ekonomická v Praze, 2004. http://www.nusl.cz/ntk/nusl-77004.
Full textAbstract:
The work compares various approaches to periodization the profit and loss, describes the role of "revenue principle in separating the procedures of revenues and expenses in each accounting period and its role in Anglo-Saxon and continental accounting concept. For comparison, the above models are selected as a model of continental (European) approach the German Commercial Code HGB and the Anglo-Saxon approach as a model summary of the standards in the United States usually referred to as US GAAP standards and, ultimately, IFRS, which are attempt to reconcile the above models. The work describes the theoretical base of these models with regard to the fundamentals, principles and accounting categories such as revenues, expenses, gains, losses, assets, liabilities and equity.
19
Peabody, Bruce Garen. "Recovering the political constitution nonjudicial interpretation, judicial supremacy, and the separation of powers /." Digital version:, 2000. http://wwwlib.umi.com/cr/utexas/fullcit?p9992886.
Full text
20
Ruan, Anbang. "A separation-of-powers model for a trustworthy and open cloud computing ecosystem." Thesis, University of Oxford, 2014. https://ora.ox.ac.uk/objects/uuid:7b025ee1-1f8c-4a6c-81be-14692ccd6de3.
Full textAbstract:
Most existing security enhancements lack a widely-agreed definition of trust. Trusted Cloud models have been proposed, which establish a Root-of-Trust inside the cloud and vouch for the trustworthiness of the cloud services. However, these are often impractical and ineffective due to the cloud's characteristics of complexity, heterogeneity, and dynamism. This dissertation thus focuses on how to effective manage the trust dynamics inside the cloud, and how to export trust to achieve practical cloud attestations. Firstly, a Separation-of-Powers (SoP) model is designed. It separates the authorities of a Cloud Service Provider, and allows different independent roles to participate in managing trust inside the cloud. The collaborative-restrictive relationship among these roles encourages a trustworthy and open cloud ecosystem. Secondly, three core components for implementing this model are designed, solving the problems of: how to effectively determine a Cloud Trusted Computing Base (cTCB) for a cloud application; how to define a Cloud Root-of-Trust (cRoT) for managing the trust evidence for this cTCB; and how to construct a Cloud Chain-of-Trust (cCoT) from the cRoT to export the trust evidence, and achieve cloud application attestations. Thirdly, simulators and prototypes are implemented to evaluate these core components. A Trusted MapReduce (TMR) system is also built as a case study to demonstrate how to utilize the trust services achieved by the SoP model. This dissertation demonstrates that, by correctly managing trust inside the cloud, the genuine behaviours of the cloud can be effectively inspected and verified. The SoP model builds trust from customers to the Cloud Services Providers. Trustworthiness supports security-critical cloud applications, which encourages a wider range of cloud users. Openness further brings a flourishing market to the ecosystem. It encourages many more diverse Cloud Service Providers to equally participate in the cloud ecosystem, regardless of their scale or capabilities. We believe that a model of this kind is important for achieving trustworthy governance in the cloud ecosystem. It could in turn help to promote a wider cloud model adoption.
21
Berruecos, Garcia Travesi Martha Susana. "Separation of powers in new democracies : federalism and the judicial power in Mexico." Thesis, London School of Economics and Political Science (University of London), 2010. http://etheses.lse.ac.uk/2767/.
Full textAbstract:
In the matter of a few decades, the Supreme Court in Mexico has gone from being a passive institution that served the interests of the federal executive to a genuine enforcer of law and the final arbiter in an increasing number of disputes over power and resources between different branches and levels of government. My thesis traces how and why this change happened and analyses the consequences of a more independent and active Court for the processes of federalism and democratisation in Mexico. My research contributes to a growing body of literature on the judicialisation of politics in Mexico. I analyse the ways in which a more genuine separation of powers has begun to take shape in Mexico. Specifically, I look at how a more independent Supreme Court has provided different government powers at the federal, state and municipal levels with a means of defending their respective jurisdictions against competing powers. While I focus on the Supreme Court, my research situates the judiciary within the wider web of government institutions; increased political pluralism has enabled the legislative branch and state and local governments to exercise stronger checks and balances on the federal executive, with attendant consequences for the emboldened Court when it comes to involvement in the policy-making process. At the core of my thesis is an empirical analysis of the Supreme Court's involvement in federalist issues via the use of constitutional controversies filed before the Court between 1995 and 2005 to resolve federal intragovernmental (between the three branches of government) and intergovernmental (between levels of government) disputes. The analysis operates on two levels: the national, and the subnational via an examination of legal recourses in seven case study states. It also looks at the role of the electoral tribunal in national and local election disputes. A wide variety of political actors are resorting to legal channels in order to resolve political deadlock. The Supreme Court in Mexico has had the last word on issues that range from the generation of electricity to indigenous rights. While my research focuses on Mexico, I compare judicial reform in Mexico with parallel processes in the other three presidential and federal systems in Latin America (Argentina, Brazil and Venezuela). Methodologically, my PhD thesis includes a combination of quantitative and qualitative methods, including structured and semi-structured interviews and extensive documental research in public and private sector archives, as well as national and local newspapers and specialist magazines.
22
Pannunzio, Eduardo. "A judicialização das relações internacionais no Brasil em face do princípio constitucional da prevalência dos direitos humanos." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-02102012-141528/.
Full textAbstract:
A Constituição Federal de 1988 inovou ao trazer um artigo (4o) especificamente dedicado a estabelecer os princípios das relações internacionais do Brasil. Esta tese situa essa inovação no contexto da evolução constitucional brasileira, examina se os atos praticados pelo Poder Executivo no exercício da competência para conduzir as relações internacionais podem ser submetidos ao controle jurisdicional e, finalmente, avalia como um dos princípios do art. 4o o da prevalência dos direitos humanos poderia ser utilizado como parâmetro para aferição de constitucionalidade, buscando identificar que exigências ele impõe ao Estado brasileiro em sua atuação externa. Com base na investigação da jurisprudência local e estrangeira, demonstra-se que a judicialização de questões internacionais é um processo já em curso, mas que, na ausência de uma definição mais clara do papel que cabe ao Judiciário no campo das relações internacionais, esse Poder tem reagido de forma incerta e pouco consistente às demandas que lhe são apresentadas. Nesse contexto, são identificados os principais obstáculos jurídicos geralmente oferecidos ao controle jurisdicional dos atos de relações internacionais no Brasil para, em seguida, expor suas fragilidades, sustentando-se a possibilidade desse tipo de controle. Em situações em que o princípio da prevalência dos direitos humanos seja relevante, trata-se de verificar se o Executivo agiu internacionalmente com observância dos direitos humanos de quaisquer indivíduos que possam ser afetados pelo ato em questão, sejam ou não brasileiros, estejam ou não em território nacional. Condutas (ações ou omissões) eventualmente restritivas dos direitos humanos, desacompanhadas de fundamentação constitucional, podem corresponder a uma violação do princípio e ser, portanto, objeto da censura judicial. A tese se encerra com um estudo de casos, onde essas ideias são aplicadas a duas situações concretas.The 1988 Federal Constitution broke new ground by establishing in a specific provision (Article 4) the directive principles for Brazils international relations. The present thesis firts considers this provision in light of the Brazilian constitutional history, it further questions whether acts from the Executive branch in exercise of its constitutional mandate to conduct foreign policy are subject to judicial review and, finally, it discusses how a specific principle established by Article 4 the one determining primacy of human rights in international relations operates as a constitutional standard, seeking to clarify what are the obligations that this provision imposes on the Brazilian State while conducting its foreign policy. Based on an analysis of case law from Brazil and other jurisdictions, this thesis argues that the judicialization of international relations is already underway, although the Judiciary has not been able to develop assertive and consistent judicial standards to resolve cases dealing with issues of foreign policy, considering the lack of a clear definition of the role to be played by the Judiciary in this realm. In this sense, the thesis takes into account the main legal barriers generally faced in cases of judicial review of foreign policy issues in Brazil, revealing some of its shortcomings, and argues in favor of such judicial scrutiny. In cases where the principle of primacy of human rights applies, the act of the Executive branch should protect the human rights of all individuals involved by this act, regardless their nationality (Brazilian or not) or location (national territory or abroad). Restrictive measures (actions or omissions) that limit human rights, without a constitutional basis, can amount to a violation of the abovementioned principle, and, therefore, might be struck down by the Judiciary. This thesis concludes with a case study, where those ideas are applied to two particular situations.
23
Luna, Juan Pablo. "Cameron, Maxwell A.. 2013. Strong Constitutions. Social-Cognitive Origins of the Separation of Powers." Politai, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/91760.
Full text
24
Salzberger, Eli M. "Economic analysis of the doctrine of separation of powers : the independence of the judiciary." Thesis, University of Oxford, 1993. https://ora.ox.ac.uk/objects/uuid:5dc9c87f-01a1-4fd7-a544-21c3aab6d8f0.
Full textAbstract:
This thesis attempts to apply an economic approach to deal with the positive analysis of the doctrine of separation of powers, focusing on the judicial branch of government, and more specifically on the question: why do we find an 'independent' judiciary as an almost universal phenomenon in democratic countries? The first part of the thesis sets the analytical framework - what I perceive as the broad and moderate view of the economic approach towards law - and defines the phenomenon of the independence of the judiciary to be examined - the gap between the structural independence of the judiciary and its substantive independence. It also includes a literature survey of previous work related to the economic analysis of the doctrine of separation of powers and the positive analysis of the judiciary. A theoretical discussion is in the focus of the second part. It departs from a critical view of the Landes-Posner model of the independence of the judiciary, and proceeds to offer an alternative model. The main argument of the thesis is that, in contrast to the traditional view of separation of powers, we have an independent judiciary because it is in the interests of the government of the day to maintain one. Such an institution is delegated legislative and other powers, by which politicians can maximize their self-goal choices. The third part of the thesis presents some empirical findings in an attempt to support the proposed positive model of judicial independence. A statistical approach is taken to investigate the decisions whether to promote judges from the English Court of Appeal to the House of Lords, shedding new light on attitudes of British governments towards the independence of the judiciary. A more descriptive-narrative approach is taken in the final chapter, portraying and analyzing the relations between the Israeli judiciary and the other branches of government. It is argued that the analysis of these relations lends support to the delegation theory of the independence of the judiciary.
25
Kwok, Wilfred. "Automating Radiotherapy: Parameterizations of Sensor Time Delay Compensators and the Separation Principle." Thesis, University of Waterloo, 2006. http://hdl.handle.net/10012/954.
Full textAbstract:
Motivated by recent research to automate radiotherapy, this thesis looks into feedback control problems where the feedback sensor imposes considerable time delay. The use of an asymptotic estimator is considered as a method to compensate for the time delay. Properties and parameterizations of asymptotic estimators are analyzed. It is shown that if such a delay compensation scheme is adopted, a separation principle holds, which allows for independent design of the feedback controller and the time delay compensator. The radiotherapy problem is used as a case study to show how asymptotic estimators may be designed, exploiting the separation principle. Lastly, the thesis considers multivariable versions of asymptotic estimators.
26
Hewitt, David Paul. "The principle of economy in the learning and teaching of mathematics." Thesis, Open University, 1994. http://oro.open.ac.uk/54190/.
Full textAbstract:
This thesis looks at the learning and teaching of mathematics through the issue of economy. Here, economy is concerned with the personal time and effort given by a learner to achieve some desired learning. The study sets out to establish that the principle of economy informs the learning and teaching of mathematics, and to establish a list of principles which can assist an economic approach to the teaching of mathematics. The study is carried out within the Discipline of Noticing and is based on the development of theory from significant events building on the work carried out by Caleb Gattegno on the subordination of teaching to learning. An account ofthese events are given, followed by accounting for them, and linking the generality contained within these isolated events with everyday learning experiences. At times, the reader is asked to carry out simple tasks which assist in drawing their attention, through a personal experience, to the points being developed. The learning process which turns something newly met into something which can be done with little conscious attention, is analysed and called functionalisation. The analysis of this process produces the idea of practice through progress, where the learner's attention is placed in a task which requires the desired learning to be subordinated to it. Particular attention is given to the learning of young children before entering school, since this is impressive in terms of economy. This study identifies powers children use in their early learning, and how these link in with root notions in mathematics called mathematical essences. A list of principles of economy are developed which provide guide-lines for approaches to teaching to make use of children's powers and utilise mathematical essences. A computer program, GRID Algebra, is developed to demonstrate how the principles of economy can be incorporated into a resource.
27
Goddard, Brenda J. (Brenda Jean) Carleton University Dissertation Central/East European and Russian-Area Studies. "Creating a constitutional democracy in Russia; the separation of powers and the Russian Constitutional Court." Ottawa, 1996.
Find full text
28
Neto, Octavio Amorim. "Of presidents, parties, and ministers : cabinet formation and legislative decision-making under separation of powers /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 1998. http://wwwlib.umi.com/cr/ucsd/fullcit?p9824656.
Full text
29
Kiewiets, John Henry. "The possibilities of institutional dialogue in South Africa through weak form judicial review." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4434.
Full textAbstract:
The 1996 Constitution of the Republic of South Africa is the supreme law of the Republic and in enjoying this status it is prescribing the composition of the three different arms of government as well as each branch’s status within the new constitutional dispensation. Prior to this era of constitutional supremacy South Africa was subject to the principle of parliamentary sovereignty, an era where the courts could only challenge legislation on procedural grounds, but had no general power to declare legislation unconstitutional. The Constitution further provides for a separation of powers between these arms of government, and it has vested the judicial authority in the courts and conferred strong judicial review powers upon the Constitutional Court. The head of executive has recently argued that “the powers conferred on the courts cannot be regarded as superior to the powers resulting from a mandate given by the people in a popular vote”. The preceding quote is one of many statements and claims that forms part of a national debate on the nature and scope of the Constitutional Court’s powers in South Africa. The Constitutional Court has in recent years handed down judgments that were not favourable to the legislative6 and executive arms of the South African government.Magister Legum - LLM
30
Magar, Eric. "Bully pulpits : posturing, bargaining, and polarization in the legislative process of the Americas /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 2001. http://wwwlib.umi.com/cr/ucsd/fullcit?p3026372.
Full text
31
BENTES, FERNANDO RAMALHO NEY MONTENEGRO. "THE BRAZILIAN SUPREME COURT: INSTITUTIONAL PATH AND THE SEPARATION OF POWERS GAME WITH THE NATIONAL CONGRESS." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2015. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=29471@1.
Full textAbstract:
PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCOORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
A Constituição Federal brasileira fixou um desenho estrutural de competências que permite uma ampla atuação do Supremo Tribunal Federal sobre a vida social e os ramos de governo. Desde 1988, houve uma evolução gradativa no exercício efetivo deste poder em relação ao Congresso Nacional, principalmente, nos julgados sobre comissões parlamentares de inquérito, sistema político e omissões inconstitucionais, enquanto as temáticas do impeachment presidencial, do processo legislativo e da perda de mandato por quebra de decoro parlamentar apresentaram uma reticência interventiva maior. A experiência do institucionalismo norte-americano e a análise destes seis campos jurisprudenciais por diferentes enfoques da teoria institucional – atitudinal, estratégico, constitutivo e histórico – demonstram que não há um panorama assimétrico entre os departamentos estatais. Na verdade, o jogo entre Poderes pode criar cenários conjunturais que libertam decisões baseadas na preferência individual dos julgadores ou que restringem a autonomia da Corte quando críticas ou retaliações externas ameaçam sua permanência e autoridade.
The Brazilian Federal Constitution established a framework of laws that allow for the Supreme Court to act over the social life and branches of the government. Since 1988 there has been a gradual evolution in the effective enforcing of this power over congress, mainly in judgements on parliamentary inquiry committees, the political system and unconstitutional omissions, while the topics of presidential impeachment, legislative process and removal from office for breach of congressional decorum met with greater reluctance to intervene. The North American experience in institutionalism and analysis of these six jurisprudential fields by different approaches to institutional theory - attitudinal, strategic, constituent and historical - demonstrate that the panorama among state departments is not asymmetric. In fact, the separation of powers game can create groups of scenarios that generate decisions based on the preference of individual judges, or that restrict the autonomy of the court when criticism or external retaliations threaten its authority.
32
Kohn, Lauren Manon. "The burgeoning constitutional requirement of rationality and separation of powers has rationality review gone too far?" Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4710.
Full textAbstract:
This thesis presents an analysis of three recent judgments of our apex courts which collectively illustrate a maximising of the 'minimum threshold requirement' of rationality through the seemingly inexhaustible constitutional principle of legality. The question sought to be addressed is whether, in extending this baseline requirement to cover procedural fairness, reason-giving and something akin to proportionality, in the context of non-administrative action and in the absence of any meaningful engagement with the doctrine of separation of powers, the courts are going too far.
33
Shackleford, Caroline Sara. "The fate of Heath's special investigation unit : an evaluation in terms of the separation of powers doctrine." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53119.
Full textAbstract:
Thesis (LLM)--Stellenbosch University, 2002.Some digitised pages may appear illegible due to the condition of the original hard copy
ENGLISH ABSTRACT: This thesis is a response to the judgment of the Constitutional Court in South African Personal Injury Lawyers v Heath, in which certain provisions of the Special Investigating Units and Special Tribunals Act were subjected to constitutional review. The outcome of the case was the striking down of certain provisions of the Act as unconstitutional, and the removal of Judge Willem Heath from his position as head of the Unit. The provisions were said to infringe upon the principle of separation of powers, an implicit term of the Constitution of South Africa. This principle affects the extent of the judicial power because of its influence on determining the acceptability of extra-judicial functions. The doctrine of separation of powers is therefore considered in its historical and theoretical context, with particular reference to the way in which it tends to limit or define the role of judges. Following this analysis, the status of institutions supporting constitutional democracy is examined, and the legislation governing Special Investigating Units is compared with that which regulates the office of the Public Protector. As a result, some alternative legislative means of achieving the ends of the Units, namely the combating of state corruption and maladministration, are suggested.
AFRIKAANSE OPSOMMING: Hierdie tesis volg op die uitspraak van die Grondwetlike Hof in South African Personal Injury Lawyers v Heath, waarin sekere bepalings van die Wet op Spesiale Ondersoekeenhede en Spesiale Tribunale aan grondwetlike hersiening onderwerp is. Die uitkoms van die saak was dat sekere ongrondwetlike bepalings van die Wet ongeldig verklaar is, en dat Regter Willem Heath van sy posisie as hoof van die Eenheid onthef is. Dit is bevind dat die bepalings die beginsel van skeiding van magte, 'n implisiete term van die Suid-Afrikaanse Grondwet, geskend het. As gevolg van sy invloed op die bepaling van aanvaarbaarheid van buite-juridiese funksies, beïnvloed dié beginsel die omvang van die juridiese mag. Die skeiding van magte leerstuk word dus in sy historiese en teoretiese konteks oorweeg, met spesifieke verwysing na die manier waarop dit neig om die rol van regters te beperk of te omskryf. Na hierdie analise word die status ondersoek van instellings wat grondwetlike demokrasie ondersteun, en die wetgewing wat die Spesiale Ondersoekeenhede beheer, vergelyk met dié wat die Openbare Beskermer reguleer. Op grond hiervan word sekere alternatiewe wetgewende metodes voorgestelom die doeleindes van die Eenhede, naamlik die bekamping van staatskorrupsie en wanadministrasie, te bereik.
34
Ewbank, Mark. "The blended separation of powers and the organisation of party groups : the case of English local government." Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/1556/.
Full textAbstract:
In the Local Government Act 2000, central government mandated a change in political arrangements within English local authorities. Through introducing a blended separation of powers to the majority of local authorities, with a leader, cabinet and overview and scrutiny committees, the legislation moved the constitutional structure from a form of assembly government to a Westminster-style split between decision-makers and those who scrutinise those choices. One of the goals was to remove the party group grip on decision-making. Given the evidence of the strength of groups in authorities (Maud 1967, Widdicombe 1986, Copus 1999a) there are questions but no clear answers about how group behaviour has changed since this legislation (OPDM, 2002, Ashworth 2003, Copus & Leach, 2004, ELGNCE, 2004, 2006). This research assesses the impact of the change on major political parties. Due to the shift in the institutional environments, this thesis uses a rational choice institutionalist approach to consider how the legislation has affected groups; through assessing methods used to satisfice their goals. Using a mixed-methods approach incorporating survey research and case studies, the research has discovered that despite the reform to remove group influence, the legislation served to make local government more prone to domination by party groups.
35
Wright, Sean J. "Distortion of Power: The State Secrets Privilege, Separation of Powers, and the Formation of an American King." Miami University Honors Theses / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1241016671.
Full text
36
Calvert, Vanessa Yvonne. "Relationship between the executive and legislative authority in South Africa with reference to the role of the leader of government business in the legislative and oversight processes." Thesis, University of the Western Cape, 2011. http://hdl.handle.net/11394/5177.
Full textAbstract:
Masters in Public Administration - MPAThe relationship between the executive and the legislature in South Africa is determined by the Constitution. The study focuses on the separation of powers in a single party-dominant system and examines the role of the Leader of Government Business in parliamentary processes. The Leader of Government Business is appointed by the President in terms of Section 91(4) of the Constitution. The role is outlined in the terms of National Assembly Rule (150), while the functions have been developed over time since 1994. Though an executive function an office in parliament was established to act as conduit between the executive and the legislature on matters relating to the legislative and oversight processes. The office mainly fulfills its role by monitoring government‟s legislative programme and ensuring that government‟s priorities are achieved. Over the past 15 years, the office of the LOGB has developed into one that performs a dual function supporting both the executive and the legislature. Parliament relies more and more on this office in executing its oversight responsibilities with regard to the functions of programming in ensuring the availability of the executive, tracking matters of executive compliance and tracking vacancies in institutions that support democracy. The study employed a combination of research methods. It used a desk top study approach by consulting relevant literature on the subject matter. Interviews were conducted with both politicians and relevant officials in the South African Parliament and the House of Commons in Britain to gauge their perceptions, knowledge and experiences in respect of the role of the executive and the legislature in the legislative and oversight processes. Reports of Portfolio and Select Committees on deliberations during the legislative and oversight processes were consulted.
37
Jenkins, David 1971. "Judicial review of unlawful combatant detentions under the United States Constitution." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=103149.
Full textAbstract:
This thesis examines how United States federal courts can review the President's exercise of the war powers to detain American citizens, or non-citizens having similar rights, as unlawful combatants. It argues that the separation of powers doctrine, based on Lockean principles, permits probing judicial review of such an executive detention, where the President exercises the war powers in a way that effectively adjudicates individual rights or impacts upon domestic affairs.The constitutional controversy over unlawful combatant detentions is fundamentally a separation of powers problem. Existing functionalist and formalist theories about the separation doctrine, as well as dichotomous debates about individual rights versus national security, fail to reconcile judicial deference to executive decisions in some war powers cases with closer scrutiny in others. This thesis therefore proposes a new separation of powers theory that explains the existing war powers jurisprudence, while establishing principles upon which courts can vigorously review future executive war powers decisions that interfere with individual rights or impact upon domestic matters, such as with the detention of a citizen as an alleged unlawful combatant.
The thesis first sets out a separation of powers theory based on the political thought of John Locke, placing upon each branch a fiduciary duty to make decisions only in ways best calculated to serve the public good. The "deliberative processes" approach to the separation doctrine, growing out of this fiduciary duty, functionally distributes constitutional power among the branches depending upon which one is most institutionally suited to resolve the matter at hand. Judicial application of the political question doctrine in past war powers cases demonstrates such a Lockean deliberative processes analysis, in the ways that courts have questioned judicial competency to scrutinize the executive's strategic military decisions. Cases dealing specifically with unlawful combatant detentions, in turn, show that judicial competence to review executive military decisions increases when the President functionally adjudicates individual rights of the citizen, a deliberative process for which the courts are more institutionally competent. Accordingly, this thesis concludes that courts can review executive unlawful combatant detentions under adjudicative standards of legality, procedural fairness, and reasonableness.
38
Wilhelm, Teena. "Judicial Policymaking: The Preemptive Role of State Supreme Courts." Diss., Tucson, Arizona : University of Arizona, 2005. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu%5Fetd%5F1228%5F1%5Fm.pdf&type=application/pdf.
Full text
39
Tamulionytė, Aistė. "Prokuroras valdžių padalijimo sistemoje: procesinis aspektas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070110_224309-28260.
Full textAbstract:
Master Paper consist of an introduction, three supplementing each other parts, which first part determined position of prosecutor among system of state powers separation more in theoretic aspect, second part – in process aspect, third part gave some specific features of prosecutor powers, those analysis conclusion is given. At the end of the work the list of used literature, and a summary in Lithuanian and English languages is presented.
Meaning to discover in which aspect and volume of work the status or prosecutor will be investigating, a conception of principle of state powers separation and the main features of powers at first in work was discussed.
An analysis of prosecutor status among system of state powers separation makes the main part of work. At first analyzed position of prosecutor among system of state powers separation in theoretic aspect, development of status of prosecuting magistracy and relation between prosecuting magistracy and other powers in Lithuania position, examples of status of prosecutor among system of state powers separation in other countries, experience determining this relation, - that taking into account that it could be possible more comprehensively disclosed status of prosecutor and position at first among system of government powers separation and among system of other justice institutions. Two research social test of subjects of Master Paper made easer this work.
At the second part of work analyzed powers of prosecutors in... [to full text]
40
Hoole, Grant Russell. "Judicial Inquiries and the Rule of Law." Thesis, Université d'Ottawa / University of Ottawa, 2015. http://hdl.handle.net/10393/32355.
Full textAbstract:
The aim of this thesis is to demonstrate that the conduct of judge-led commissions of inquiry in Canada could be improved, and rendered more consistent with purposive values embodied in the rule of law, were judicial commissioners to observe a principle of fidelity to adjudication.
The rule of law, practically understood as a political and legal ideal, treats independence as integral to the judicial role in interpreting and applying law, safeguarding the Constitution, and honouring individual rights. Public confidence in the independence and integrity of Canada’s judiciary flows not just from constitutional safeguards, however, but from judicial observance of adjudicative procedure. So too does confidence that in exercising their functions, judges respect the boundaries commanded by the separation of powers.
Contrary to categorical distinctions that are often drawn between commissions of inquiry and courts, adjudicative procedure is an essential feature of many inquiries. This is so because the participants in such inquiries legitimately demand an assurance of justice equivalent to that associated with traditional judicial proceedings. Recognizing this commonality does not mean burdening public inquiries with the evidentiary and procedural rigidity of courts. It does suggest, however, that adjudication has a valuable (if non-exclusive) role to play in the conduct of some inquiries, establishing a compelling reason why judges should be their leaders. Fidelity to adjudication directs judicial commissioners to account for this reality when confronting common dilemmas and challenges in inquiry conduct.
I explore the methodological implications of fidelity to adjudication in two broad areas, first concerning procedural fairness, and second concerning the protection of a commissioner’s independence. Finally, I consider how fidelity to adjudication establishes boundaries cautioning against judicial service in inquiries that demand different conceptions of justice, or advance different notions of truth-seeking, than those in which judges are traditionally informed. A principled alignment is thus established between judicial service on commissions of inquiry, judicial methods and skills, and observance of the rule of law.
41
Linton, Cynthia A. "Perspectives on Executive power: Legislative vs. Presidential War Powers in the United States." CSUSB ScholarWorks, 2000. https://scholarworks.lib.csusb.edu/etd-project/1763.
Full text
42
Zwingmann, Beke. "Separation of powers the 'German way'? : the relationship of the German Federal Government and Parliament in the EU context." Thesis, Cardiff University, 2016. http://orca.cf.ac.uk/95422/.
Full textAbstract:
The thesis uses the doctrine of the separation of powers as the conceptual framework to analyse the jurisprudence of the German Federal Constitutional Court on EU matters from its early decisions to the latest cases on the European Stability Mechanism. The court’s decisions have been widely discussed in terms of the impact of European integration on democracy and democratic participation at the national level. The aim of the thesis is to put the court’s jurisprudence into a different context by reading it from the perspective of separation of powers in order to assess the impact of EU integration on the relationship between national institutions, specifically the German Federal government and parliament. The analysis will show that while the decisions on the ESM have overall strengthened the position of the Federal parliament in the particular subject-matter of those cases (budgetary control), this should not necessarily be understood as a re-definition of the relationship between the Federal government and parliament in the context of EU matters as a whole. By using the separation of powers as a framework for analysis, it becomes apparent that while the German constitutional system may seem to have acknowledged the different constitutional nature of the EU, the political institutions as well as the Federal Constitutional Court have yet to draw the necessary consequences for the relationship between the Federal government and parliament at national level: by treating EU matters merely as a ‘special kind’ of foreign affairs, the fundamental alteration of the balance of power between the executive and the legislative caused by European integration has gone unchecked by the German Federal Constitutional Court and has led to constitutional practices which arguably undermine not only the democratic accountability of the actions of the German Federal government but also the concept of separation of powers itself.
43
Badawi, Karina Bonetti. "Separação dos poderes no Brasil e a teoria de Bruce Ackerman." Universidade Presbiteriana Mackenzie, 2014. http://tede.mackenzie.br/jspui/handle/tede/1287.
Full textAbstract:
Made available in DSpace on 2016-03-15T19:35:21Z (GMT). No. of bitstreams: 1
Karina Bonetti Badawi.pdf: 800033 bytes, checksum: 7c3ff84ba02fd0bd99cf4281153b6989 (MD5)
Previous issue date: 2014-06-06This study proposes a new structure of separation of powers in Brazil. The structure that develops finds support in the work "The New Separation of Powers" Bruce Ackerman, which develops a framework of separation of powers called 'limited parliamentarism'. The model presented in this work is the breakdown of the classical structure of the tripartite powers, inspired by Montesquieu, and opening for numerous other instances of control, beyond redistribution of existing functions. The work presents a proposal to amend the Federal Constitution to insert the new model of separation of powers. Finally, we analyze the validation of this new model in Brazil, through a constitutional amendment. The goal that we seek with this new model is the democratic legitimacy as an exercise in democracy, the efficiency of state action and the protection and expansion of Fundamental Rights.
Este presente estudo propõe uma nova estrutura da separação dos poderes no Brasil. A estrutura que se desenvolve encontra apoio na obra A Nova Separação dos Poderes de Bruce Ackerman, o qual desenvolve uma estrutura de separação dos poderes denominada de parlamentarismo limitado . O modelo apresentado neste trabalho faz a quebra da estrutura clássica da tripartição dos poderes, inspirada em Montesquieu, e a abertura para inúmeras outras instâncias de controle, além da redistribuição das funções já existentes. O trabalho apresenta uma proposta de alteração da Constituição Federal para inserção do novo modelo de separação dos poderes. E, por fim, analisa-se a validação deste novo modelo no Brasil, por meio de emenda constitucional. O objetivo que se busca com esse novo modelo é a legitimidade democrática como exercício de democracia, a eficiência da atuação do Estado e a proteção e a ampliação dos Direitos Fundamentais.
44
Tsampi, Aikaterini. "Le principe de séparation des pouvoirs dans la jurisprudence de la Cour européenne des droits de l'homme." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA008.
Full textAbstract:
Quid d’un principe constitutionnel concernant l’organisation institutionnelle de l’État, tel que la séparation des pouvoirs, dans la jurisprudence d’une cour internationale des droits de l’homme, telle que la Cour européenne des droits de l’homme ? S’il serait audacieux de prouver que le juge de Strasbourg applique une certaine théorie de séparation des pouvoirs, il est pourtant pertinent de répondre à la question de savoir si les solutions adoptées par le juge européen des droits de l’homme dessinent une vision cohérente de ce que doivent, selon lui, être les relations entre les pouvoirs. En outre, il ne faut pas faire abstraction du fait que la théorie de la séparation des pouvoirs telle qu’elle est conçue dans l’État libéral contemporain n’implique la consécration que d’un socle minimal de solutions soit acquisWhat of the idea that a constitutional principle concerning the institutional organization of the State, such as the separation of powers, could be found in the jurisprudence of an international court of human rights, namely the European Court of Human Rights ? Even if it were to be audacious to prove that the judges of the Strasbourg Court apply a precise theory of separation of powers, it, nonetheless remains relevant to answer the question whether the solutions adopted by the aforementioned judges outline a coherent vision of what should be, in their view, the relations between the branches of government. Yet, one should always bear in mind that the theory of the separation of powers, as conceived in the contemporary liberal State, implies the consecration of only a minimum nucleus of solutions
45
Almeen, Oscar, and Daniella Karlsson. "Verkligheten och Idealet -En komparativ analys av demokratiska staters förhållande till statsskickets idealtyper." Thesis, Örebro universitet, Institutionen för humaniora, utbildnings- och samhällsvetenskap, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-73045.
Full textAbstract:
The system of government in modern democratic states can be categorized as presidential, semi-presidential or parliamentary depending on its relationship between the legislative, executive and judicial branches. This relationship is known as the separation of powers and is often regulated by a written constitution. While there are many studies explaining the ideal system, there are few researches made as to whether the states correspond with their theoretical ideals. This study aims at explaining the theories of Giovanni Sartori regarding these three different systems of government and thus creating an ideal for each system. With the help of case studies of three different states representing each system the study analyses as to whether the states of each system correspond with its ideals. The states chosen for this purpose is Australia as a representative of the parlamentaristic state, France as a semi-presidential system and USA which is a presidential system. All three of them are using a bicameral legislature and have a written constitution. The study aims to analyse the systems through a comparative method using a qualitative text analysis of the material used. The results of this study shows that while the states at large resembles its ideal, there are some deviations. Australia and the United States of America fulfills Sartoris three criterias for their respective system, while France deviates from a majority of its ideal criterias as a hybrid semi-presidential system.
46
Poulsen, Alexander. "Essays in Development and Labor Economics in Brazil:." Thesis, Boston College, 2021. http://hdl.handle.net/2345/bc-ir:109131.
Full textAbstract:
Thesis advisor: Arthur LewbelIn my dissertation I studied the political economy of economic development as well as the the urban wage premium, all using data from Brazil. In the first chapter, which is joint work with Carlos Varjao, we analyze the effect that increased political opposition in the city council has on corruption and public service provision at the local level. In the second chapter I study the sources of the high wage premium observed in cities, including firm sorting, firm and occupational matching, and compensating wage differentials. Finally, in the third chapter I study what happens to the provision of public education when a school teacher is elected to the city council (which actually occurs quite frequently). More detailed summaries of each chapter follow below. Chapter 1: In 'Political Opposition, Legislative Oversight, and the Performance of the Executive Branch', we study the effect that increased political opposition has on corruption and other measures of the mayor's performance in Brazil. The separation of powers between the executive and legislative branches is a cornerstone of democracy. This system of checks and balances, however, can be circumvented by partisan loyalties if legislators strategically avoid exerting oversight when their own party controls the executive branch. It is thus an empirical question whether the separation of powers prevents the abuse of power in practice. We answer this question by measuring the extent to which members of political opposition parties in a city council effectively check the mayor's performance in Brazil. We employ a regression discontinuity design to estimate the causal effect of an additional politically opposed legislator, and we find that political opposition increases oversight action and decreases corruption, with the effect fully concentrated on mayors facing reelection pressure. We trace the impact of oversight, via a reduction in healthcare spending irregularities, all the way to impacts on healthcare service delivery and health outcomes. Chapter 2: In 'Decomposing the Urban Wage Premium in Brazil: Firms, Matching, and Compensating Wage Differentials' I study the sources of the high wage premium observed in cities. In this chapter I used detailed employer-employee matched data from Brazil to understand 3 important elements of the urban wage premium: (1) the role of firms sorting into cities, (2) the role of firm and occupational matching in creating agglomeration economies, and (3) the role of compensating wage differentials. I first exploit identification from multi-city firms to show that positive selection of high-wage firms into larger cities accounts for 44% of what is often considered `agglomeration economies'. Then I show that improved firm and occupational matching together account for 87% of agglomeration effects. I then turn my attention to compensating wage differentials--- a possible explanation for the high-wage firms in cities. I estimate revealed-preference valuation of jobs, and show that jobs in cities in fact have better non-wage characteristics, and so high urban wages cannot be due to compensating wage differentials. This evidence together suggests that in Brazil, cities exist because they provide thick labor markets where high-wage firms and high-wage workers can go to find productive matches. Chapter 3: In 'Teachers in Politics: Teacher-Politicians, Gender, and the Representation of Public Education' I study what happens to public education in a city when a school teacher is elected to the city council, and I find that it depends on the gender of the teacher. Using a regression discontinuity design that exploits close elections, I find that when a female teacher is elected to the city council, the city hires both more teachers and more qualified teachers, and pays them more. Having a female teacher on the city council also increases the likelihood that the city's schools have necessary teaching resources, books, and financing, and possibly increases student test scores. No significant effect is found for male teachers elected to the city council. This difference may be due to different political career concerns for men versus women, a simple amplification of existing gender policy preference differences, or some mixture of the two
Thesis (PhD) — Boston College, 2021
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Economics
47
Aysegul, Sezdi. "Separation Of Arsenite And Arsenate Species From Water By Charged Ultrafiltration Membranes." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12614382/index.pdf.
Full textAbstract:
Arsenic is found in drinking waters in many countries and since maximum allowable concentration is as low as 10 µg/L, there are many research efforts to separate it from water. Membrane methods are used more and more widely in separation operations in recent years. Arsenic is mainly present in water as arsenite [As(III)] and arsenate [As(V)]. As pH of water changes, molecular formulas of As(III) and As(V) change. In this study, the performance of different ultrafiltration membranes for arsenic removal from water was investigated at different pH values, different feed concentrations and presence of other anions (SO42-, HPO42-, NO3-, Cl-). Donnan exclusion effect on separation was discussed since distribution of arsenite and arsenate anions change in water due to change in pH of the solution. Experiments were conducted via batch and continuous modes. For continuous ultrafiltration experiments, 30 kDa of polysulfone and 20 kDa of polyether sulfone membranes were used. Batch ultrafiltration experiments were performed with the usage of 3 kDa of regenerated cellulose membrane. Higher retention values for As(V) were obtained compared to retention values of As(III). When membranes&rsquo
performances were investigated, it was seen that highest As(V) removal was observed with the usage of polysulfone membrane. Increase in feed concentration and presence of other anions caused decrement in separation. Hydride Generation Atomic Absorption Spectrometry was used to perform analyses. Hydride generator part was designed, constructed and optimized to obtain reliable and accurate absorbance values.
48
DiPaolo, Amanda. "The separation of powers : a framework for guiding judicial decision making when the executive limits individual liberties during armed hostilities." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available, full text:, 2008. http://wwwlib.umi.com/cr/syr/main.
Full text
49
Jaftha, Justin Willian. "What is the role of the Constitutional Court in Safe-guarding the separation of powers in a dominant party democracy?" Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29280.
Full textAbstract:
This thesis presents an analysis of the effect of dominant party democracy on South Africa’s traditional trilateral structures of government, with emphasis on the Constitutional Court. A dominant party democracy brings with it negative features, such as the blurring of boundaries of state and party, and the capturing of important institutions. In South Africa, it is specifically the capture of various independent institutions (state capture) by a dominant party and the placing of its members into these institutions to remove effective checks on the exercise of power by the government, which have been a worrying trend recently. This, in turn, spells rough weather ahead for our constitutional democracy, because it has the effect of withering down the effective system of checks and balances as part of the separation of powers doctrine in South Africa.The central question to explore in this thesis is thus. how the Constitutional Court can protect the democratic space by acknowledging the challenges posed by one-party dominance to democratic institutions and developing doctrines/strategies to deal with this, while not overstepping the mark and infringing on the separation of powers. This is not an easy task for the Constitutional Court to get exactly right. Thus, the Constitutional Court of South Africa has been widely criticised for avoiding any formal confrontation with the current government during its early years. Critics focused on cases such as the UDM floor crossing case and Glenister I. These two decisions have come under attack from constitutional law scholars, who labelled the Constitutional Court as a constrained court and argued that the court was not sufficiently pro-active in confronting the challenges of a dominant party democracy directly. This has led some scholars to the view that the South African Constitutional Court needs to develop a well thought through theory of the threat posed by the dominant party to the quality of South Africa’s democracy. The argument is that there may be a need for the South African Constitutional Court to develop a formal jurisprudence to deal with the negative consequences of a dominant party democracy. In this thesis, I will argue that this critique against the South African Constitutional Court seems out-of-date and, to some extent, overdone. The Constitutional Court in recent years has altered its approach and now deals differently (and more effectively) with the problems posed by dominant party democracy. This is evident from recent decisions such as the UDM secret ballot and two EFF judgments and the Glenister II judgment. In my view, the Constitutional Court has become more forceful in protecting the democratic space in South Africa because of changing political circumstances and because of the weakening position and complex, and sometimes contradictory, responses 8 from the ruling party in South Africa. At the same time, the Constitutional Court has acted with appropriate deference, addressing problems associated with one-party dominance while also showing adequate respect for the separation of powers doctrine. By adopting this approach, and if one views the Constitutional Court’s role through the lens of dominant party democracy, South African democracy – and South Africans themselves – have been better off. If the Court had taken a more forceful approach, it would have placed itself on a direct collision course with the ANC. That might have put the Court’s very existence at risk, and our hard-fought democracy.
50
Yang, Qiufeng. "Separation and Properties of La₂O₃ in Molten LiF-NaF-KF Salt." Thesis, Virginia Tech, 2018. http://hdl.handle.net/10919/87058.
Full textAbstract:
Studies on nuclear technology have been ongoing since nuclear power became uniquely important to meet climate change goals while phasing out fossil fuels. Research on the fluoride salt cooled high temperature reactor (FHR), which is funded by the United States Department of Energy (DOE), has developed smoothly with the ultimate goal of a 2030 deployment. One challenge presented by FHR is that the primary coolant salt can acquire contamination from fuel failure and moisture leaking into the system. If contamination happens, it will result in a low concentration of fission products, fuel, transuranic materials and oxide impurities in the coolant. These impurities will then affect the properties of the molten salt in the long term and need to be removed without introducing new impurities. Most of the research conducted recently has focused on impurity separation in chloride molten salts. More research urgently needs to be conducted to study the impurity separation method for the fluoride molten salts.
In this study, the La₂O₃-LiF-NaF-KF (La₂O₃-FLiNaK) system is used to demonstrate impurity separation in molten fluoride salt. Since lanthanum oxide needs to be dissolved in the fluoride molten salt and studies in this field are still not complete, the solubility of lanthanum oxide in FLiNaK have been measured at different temperatures to obtain the temperature-dependent solubility and understand the corresponding dissolution mechanisms first. In the solubility related experiments, Inductively Coupled Plasma Mass Spectrometry (ICP-MS) is utilized to analyze the concentration of lanthanum ions in the molten FLiNaK salt, while X-ray powder diffraction (XRD) was applied to determine the phase patterns of molten salt. Second, electrochemical experiments with tungsten and graphite as working electrodes were conducted individually to demonstrate the separation of the dissolved oxide from the salt. When the tungsten working electrode was applied, the lanthanum ions were reduced to lanthanum metal at the tungsten cathode, while the fluorine ions reacted with the tungsten anode to form tungsten fluoride. In the experiments, the production of tungsten fluoride could lead to increasing current in the cell, even overload. Moreover, theoretically, tungsten fluoride WF4 is soluble in the fluoride salt thus introducing new impurities. All these issues make tungsten not the best choice when applied to the separation of oxygen ions. Therefore, another common working electrode graphite is used. It not only has all the advantages of tungsten, but also has good performance on separation of oxygen ions. When the graphite electrode was applied, the lanthanum ions were separated in the form of lanthanum carbide (LaC₂), while the oxygen ions can be removed in the form of carbon dioxide (CO₂) or carbon monoxide (CO). In addition, only graphite was consumed during the whole separation process, which is why the graphite anode electrode is called the “sacrificial electrode”. Third, First Principle Molecular Dynamics (FPMD) simulations with Vienne Ab initio Simulation Package (VASP) was conducted to study the properties of the fluoride molten salt. In this study, the structure information and enthalpy of formation were obtained. Generally, the simulation process can be divided into four steps: (1) the simulation systems are prepared by packing ions randomly via Packmol package in the simulation cell; (2) an equilibrium calculation is performed to pre-equilibrate the systems; (3) FPMD simulations in an NVT ensemble are implemented in VASP; (4) based on the FPMD simulations results, the first peak radius and the first-shell coordination number were evaluated with partial radial distribution function (PRDF) analysis to determine the statistics of molten salt structure information, while the transport properties, e.g., the self-diffusion coefficient was calculated according to the function of mean square displacement (MSD) of time generated by the Einstein-Smoluchowshi equation. The viscosity and ionic conductivity were obtained by combining the self-distribution coefficient with the Einstein-Stokes formula and Nernst-Einstein equation.Master of Science
With the fast development of modern society and economy, more and more energy is urgently needed to meet the growth of industry. Since the traditional energy, such as nature gas, coal, has limited storage and not sustainable, nuclear energy has attracted much attention in the past few decades. Although lots of study has been conducted by thousands of researchers which has attributed to application of nuclear power, there are still some concerns in this field, among which, impurities removal is the most difficult part. Fluoride salt cooled high temperature reactor (FHR) is one of the most promising Gen IV reactor types. As the name indicates, molten salt is the coolant to serve as the heat exchanger intermedium. In addition, it’s inevitable that fission products, i.e. lanthanum, moisture, would leak into the coolant pipe, thus affect the molten salt properties, even degrade reactor performance, therefore, those impurities must be removed without introducing new impurities. In this study, the La₂O₃-LiF-NaF-KF (La₂O₃-FLiNaK) system is used to demonstrate impurity separation into molten fluoride salt. First, solubility of lanthanum oxide in FLiNaK has been measured at different temperatures to understand its dissolution mechanisms. Then, electrochemical experiments with tungsten and graphite as working electrodes were conducted individually to demonstrate the separation of the dissolved oxide from the salt. It has been concluded that tungsten performed well to separate La3+, while failed in the separation of O2-. However, graphite working electrode has succeeded in the removal of La³⁺ and O²⁻. Finally, molecular dynamic simulation with first principle was also conducted to further understand the local structure and heat of formation in the molten FLiNaK and La₂O₃-FLiNaK salt.