Executive power in the European Union consists of various bits and pieces that have been cobbled together across a spectrum of institutions, sub‐actors, and policy areas. No fewer than three institutions of the European Union and its predecessors can claim to exercise executive authority within the Union, albeit to varying degrees and with varying emphasis: the Commission, the Council, and the European Council. This chapter provides a brief overview of the three core executive institutions, followed by a (...) discussion on recent executive constructions outside the EU legal framework. It highlights the pressing need for accountability mechanisms on all levels of Union governance. The European Council has gradually reinforced its own role, becoming in effect the most important agenda setter of the larger developments of the European Union, in spite of the Commission's monopoly of legislative initiative. (shrink)

This dissertation argues that the current tendency to define liberal constitutionalism in terms of the impersonal and formalistic ideals of the rule of law diverges from early liberal theories of constitutionalism, which were sensitive to the occasional need for extra-legal discretionary exercises of power to deal with the unpredictable contingencies of politics. This understanding of politics shaped the constitutional and political thought of liberal thinkers from John Locke, David Hume, and William Blackstone to Alexander Hamilton, James Madison, and other Federalists (...) who defended the extraordinary powers of the American presidency. Since these early liberals recognized that it would sometimes be necessary for an executive to perform extraordinary actions in response to unforeseeable events, they were reluctant to place excessive legal checks on executive power. Consequently, they emphasized the importance of limiting executive power to those with "fit characters." In particular, they looked to those politico-moral virtues associated with republicanism to supplement and enhance the constitutional machinery of government that was designed with the ordinary course of politics in mind. Although early liberal theorists and the designers of the American Constitution abandoned many of the core principles of republicanism, particularly its reliance on a virtuous and active citizenry as the best guarantee of free government, they preserved a place for distinctively republican virtues such as patriotism and disinterestedness in the office of the executive. In fact, the Federalists made the American presidency the primary repository of republican virtue in the new government. The first century of liberal constitutional theorists was actually skeptical of the ability of impersonal institutional devices such as the separation of powers and checks and balances to secure a free and effective government without the presence of fit characters. Since formal institutions are imperfect and often inadequate---both in dealing with political contingencies and in checking the executive---these thinkers supplemented legal and institutional safeguards with character requirements to minimize potential abuses of largely indeterminate executive powers irreducible to law. An abiding conviction that uncertainty is the only certainty in politics led them to prefer flexible approaches rather than the rigid formulas in theorizing constitutionalism. (shrink)

As corporate raids become more prevalent, top corporate executives have asked for and often received additional executive power to ward off raiders or sharks. For example, they have been given the use of shark repellents such as staggered elections for board members, cumulative voting, super majority voting requirements, and the power to sell off the firm's crown jewels. Are they abusing these powers as they attempt to save their jobs, at the expense of stockholders, by driving off the corporate (...) raiders who might unseat ineffective management? In this article the practices being used by entrenched managers to make their firms less attractive to raiders and the defense tactics they are using in corporate takeover battles are examined from an ethical viewpoint. (shrink)

The notion of a distinct 'executive power' was famously employed by Locke and Montesquieu; but the term potestas executiva, coined by medieval canonists, had been adopted by the early sixteenth-century theologian Cajetan, who located it as regimen medium in his defence of papal power against a revived 'conciliarist' challenge. The distinction between legislative sovereignty and a power effectively executive was used in post- Reformation political controversy and in Bodin's République. From those beginnings it was developed by mid-seventeenth-century writers, (...) from whom it passed to Locke; and the concept of the executive as a 'mediating' power was notably echoed by Rousseau. (shrink)

What's wrong with high executive pay? Beyond envy, is some issue of justice or fairness at stake? And what can anyone do about it? (A lot, as it turns out.).

There is nothing new or even faintly original in the neoconservative foreign policy vision. It simply recycles the old national security ideology for a post-Cold War era. Consistent with this ideological agenda, conservatives have also been advancing the case for the strong executive who operates above the law. In championing the principle of the strong executive, they are seeking to re-define the meaning of modern republicanism around this principle. During the 1960s Hannah Arendt and Hans Morgenthau developed a (...) broad critique of the national security state and its ideology in their opposition to the Vietnam War. This essay examines their critique, and the alternative conception of republicanism they developed as part of this critique. (shrink)

The text of the Constitution is silent on the topic of executive agreements. This essay attempts to overcome that silence by examining the doctrine of separation of powers as found in the writings of Locke and Montesquieu, the historical material leading up to the Constitutional Convention, and the early practice of the framers under the Constitution. From the theory of executive power thus deduced the most important issues surrounding executive agreements can be addressed. In brief, while the (...) text of the Constitution is silent about executive agreements, the framework upon which that text rests is not. A proper understanding of separation of powers provides an introduction to the study of the existence, scope, and control of executive agreements. This is the first of two essays on the topic of executive agreements. A second essay, appearing next year in the American Journal of Jurisprudence, will examine in detail all military-related agreements between 1946 and 1976. (shrink)

The article analyzes the system of legal regulation of the higher education in Lithuania with the purpose to determine the boundaries of exercising the discretionary powers of the executive institutions in the field of higher education. The article is made of two parts. Discretionary powers of the executive institutions in legislative field are discussed in the first part. The power of legislative discretion is described as a right to set the legal regulation by way of a subject who (...) is granted such discretionary power. Problems may arise in cases when the law granting such discretionary powers is too abstract or declarative. The main criteria in determining the boundaries of exercise of discretionary powers are the provisions of Constitution and laws, and constitutional law principles. The system of delegation of legislative powers in the field of regulation of the higher education in Lithuania is analyzed in the second part of the article. The permanent changes in administrative legal regulation of higher education and studies determined by a vast amount of subjects issuing post-legislative legal acts in this field, as well as rather tedious legal regulation which, in turn, calls for frequent changes in legal acts, raises doubts regarding a possibility to implement main principles of the studies, such as freedom of creation and scientific research or academic freedom and autonomy. (shrink)

This article examines non-statutory executive powers, which are commonly employed in the modern state but rarely studied as a distinct concept. The article assesses three treatments of these powers available in current English public law—prerogative, common law powers which rely on analogies between the state and legal persons, and judicial review—and argues that they fail to provide a proper balance between legality and need. Royal prerogative connotes a shrinking reservoir of ancient powers, while non-statutory powers respond to unexpected futures (...) and statute’s intrinsic eventual failings. Analogies to legal persons fail to address the particularities of executive powers. Judicial review provides only a partial solution, since absence of parliamentary approval is not, in itself, ground for special treatment of executive action. The author joins calls for theoretization of public law and advances a model of executive powers that draws on a composite theory of the executive branch and its functions.This article examines non-statutory executive powers, which are commonly employed in the modern state but rarely studied as a distinct concept. The article assesses three treatments of these powers available in current English public law—prerogative, common law powers which rely on analogies between the state and legal persons, and judicial review—and argues that they fail to provide a proper balance between legality and need. Royal prerogative connotes a shrinking reservoir of ancient powers, while non-statutory powers respond to unexpected futures and statute’s intrinsic eventual failings. Analogies to legal persons fail to address the particularities of executive powers. Judicial review provides only a partial solution, since absence of parliamentary approval is not, in itself, ground for special treatment of executive action. The author joins calls for theoretization of public law and advances a model of executive powers that draws on a composite theory of the executive branch and its functions. (shrink)

Presidential power has provoked increasingly vigorous debate since the turn of this century. In recent years, scholars and lawyers have been grappling with how Congress’s dictates may limit the president’s Commander-in-Chief power to detain enemy combatants at Guantanamo Bay, to fight wars abroad, and to conduct intelligence activities at home. But policymakers have not yet explored the many possibilities for invoking the president’s “Take Care” power to change health care policy.This article explores the scope and limits of President Barack Obama’s (...) ability to invoke his executive authority to reform health care. Specifically, it identifies ways the Obama Administration can use directives to: expand Medicaid and State Children’s Health Insurance Program coverage through section 1115 waivers; test quality initiatives through Medicare demonstration authority; expand health information technology; allow drug reimportation and experiment with contracting power under Medicare; enhance patient protections and private coverage requirements; lift coverage restrictions on Medicaid and SCHIP; and build on the health insurance program for federal employees. Consistent with the mission of the Legal Solutions in Health Reform project, this article does not endorse a particular policy. Instead of recommending “what,” it explains “how.”. (shrink)

The key to social dynamics that Marx found in wealth and Freud in sex, Russell finds in power. This brilliant study brings a new order of comprehension into the problems of human government.

This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing (...) of irregular militants; prompting questions regarding the legitimacy of executive power in this arena. (shrink)

Multi-agent systems where the agents are developed by parties with competing interests, and where there is no access to an agent’s internal state, are often classified as ‘open’. The members of such systems may inadvertently fail to, or even deliberately choose not to, conform to the system specification. Consequently, it is necessary to specify the normative relations that may exist between the members, such as permission, obligation, and institutional power. We present a framework being developed for executable specification of open (...) multi-agent systems. We adopt a bird’s eye view of these systems, as opposed to an agent’s perspective whereby it reasons about how it should act. This paper is devoted to the presentation of various examples from the NetBill protocol formalised in terms of institutional power, permission and obligation. We express the system specification in the Event Calculus and execute the specification by means of a logic programming implementation. We also give several example formalisations of sanctions for dealing with violations of permissions and obligations. We distinguish between an open multi-agent system and the procedure by which an agent enters and leaves the system. We present examples from the specification of a role-management protocol for NetBill, and demonstrate the interplay between such a protocol and the corresponding multi-agent system. (shrink)

An executive ought to be as informed as possible about the needs and preferences of her constituency and about the most important policy issues that her constituency confronts. This ethical duty, referred to as the informed governance principle, requires that an executive who is not opposed to the death penalty personally carry out at least one execution of a death row inmate. Having an executive act as executioner, even if just once, could also help citizens reflect upon (...) their personal ethical commitments, spur them to monitor the government’s power, and prompt them to contemplate how best to distribute power so that the chance of injustice is minimized. (shrink)

This paper investigates the correlation between the quality of corporate social responsibility disclosure and financial performance. It also investigates the moderating role of chief executive officer power in the relationship between the quality of CSR disclosure and firm value in Chinese listed companies. The evidential research used the up-to-date sample of unbalanced findings for the period of 2014–2020, from the registered Chinese firms in the Shenzhen and Shanghai Stock Exchanges as samples for the study. As a starting point technique, (...) the STATA 15 has been used to test pooled ordinary least squares regression on a sample of Chinese listed companies. We use 1-year lagged regression and two SLS regressions to monitor the potential endogeneity problem. The imbalanced data set was received from the China Stock Market and Accounting Research web page, which is the most significant source of information for Chinese publicly listed firms. Data on CSR information items and media reporting are compiled manually. The findings of the study revealed that there are positive FP consequences for the companies engaged in the quality of CSR disclosure. We also report that higher CEO power negatively enhances the quality of CSR disclosure effect on the FP of FV. The research investigates the impact of CSR disclosure and FP by presenting evidence of the moderating role of CEO power. Therefore, it is suggested that a higher law for CSR engagement and disclosure be implemented in China, and robust measures for the implementation of CEO power, although there are financial advantages to be gained. A key relevance to the empirical quality of CSR disclosure research can be recognized as the moderating role of CEO power in the quality of CSR disclosure, FP, and FV in the context of Chinese study. The findings are robust with the use of an instrumental variable method. (shrink)

Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize public (...) discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)

As cognitive architectures move to account for increasingly complex real‐world tasks, one of the most pressing challenges involves understanding and modeling human multitasking. Although a number of existing models now perform multitasking in real‐world scenarios, these models typically employ customized executives that schedule tasks for the particular domain but do not generalize easily to other domains. This article outlines a general executive for the Adaptive Control of Thought–Rational (ACT–R) cognitive architecture that, given independent models of individual tasks, schedules and (...) interleaves the models' behavior into integrated multitasking behavior. To demonstrate the power of the proposed approach, the article describes an application to the domain of driving, showing how the general executive can interleave component subtasks of the driving task (namely, control and monitoring) and interleave driving with in‐vehicle secondary tasks (radio tuning and phone dialing). (shrink)

A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. Also in qualitative (...) terms the "exit power" of the company gives a low impact compared to governmental action and the article concludes that company power by common measures is overestimated. However, the aggregated long-term effect of the market economy on the development of society is most significant. But it is a mistake to use that judgment as an argument for the opinion that business executives are the major power holders in modern societies. Perceptions of power also have an impact on which expectations and commitments that can be judged as realistic and therefore the issue of power is central for the normative discussion about corporate social responsibility. (shrink)

Key subordinate executives play the role of connecting superiors and subordinates within the top management team. Based on the heterogeneity of TMT preference, this article takes the data of Chinese A-share listed companies from 2010 to 2019 as a sample to examine whether key subordinate executive governance can affect the short-sighted behavior of CEOs. The empirical result shows that there is a positive relationship between key subordinate executive governance and accounting conservatism, and CEO overconfidence can positively moderate the (...) relationship. The study also shows that there is a significant positive relationship between key subordinate executive governance and accounting conservatism in private enterprises and enterprises with high market competition, that is, the key subordinate executives of these two types of enterprises can better enhance the conservatism under the stimulation of CEO overconfidence. This study contributes to the literature by examining how key subordinate executives affect accounting conservatism and link the prudential attitude of key subordinate executives with the behavioral tendency of CEO overconfidence, which has managerial implications for improving the power balance mechanism of TMT and strengthening the human resource incentive of key subordinate executives. (shrink)

Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality (...) of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed. (shrink)

This was one of SCSS President Stephen M. Krason’s “Neither Left nor Right, but Catholic” columns that appeared during 2014 in Crisismagazine.com and The Wanderer and at his blog site. He argues that, despite the criticism of President Obama’s seemingly excessive exercise of executive power to further an ideologically leftist secularist agenda, the strong and maybe unprecedented use of presidential power after him may be the most certain way to try to restore weakened American constitutional principles and traditional liberties (...) and to begin to reverse our serious cultural decay. (shrink)

The executive branch is often conceptualised as a hierarchy in which one official has ultimate authority to carry out the law. In American public law, this is referred to as the ‘unitary’ theory of...

This paper presents a reading of the transcripts of interviews withNHS Trust Chief Executives. Using a poststructuralist understanding ofthe interviews, it privileges a reading that (ironically) representsthese Chief Executives as heroes. Following the classic hero story line,they leave the civilized order of home and journey into a threateningwilderness where they encounter dangerous and magical things butovercome them all because of their masculine characteristics such asrationality, strength and resourcefulness. One way in which thesestories can be understood to have significance is that (...) they(misleadingly but powerfully) portray management as obvious andnecessary by evocatively drawing on a myth of ancient origin. The piececoncludes with some reflections on the ontological implications of theanalysis and reflexive comments on the production of truth as aproblem. (shrink)

Neurofeedback is a complex learning scenario, as the task consists of trying out mental strategies while processing a feedback signal that signifies activation in the brain area to be self-regulated and acts as a potential reward signal. In an attempt to dissect these subcomponents, we obtained whole-brain networks associated with efficient self-regulation in two paradigms: parallel, where the task was performed concurrently, combining feedback with strategy execution; and serial, where the task was performed consecutively, separating feedback processing from strategy execution. (...) Twenty participants attempted to control their anterior midcingulate cortex using functional magnetic resonance imaging NF in 18 sessions over 2 weeks, using cognitive and emotional mental strategies. We analyzed whole-brain fMRI activations in the NF training runs with the largest aMCC activation for the serial and parallel paradigms. The equal length of the strategy execution and the feedback processing periods in the serial paradigm allows a description of the two task subcomponents with equal power. The resulting activation maps were spatially correlated with functionally annotated intrinsic connectivity brain maps. Brain activation in the parallel condition correlates with the basal ganglia network, the cingulo-opercular network, and the frontoparietal control network ; brain activation in the serial strategy execution condition with the default mode network, the FPCN, and the visual processing network; while brain activation in the serial feedback processing condition predominantly with the CON, the DMN, and the FPCN. Additional comparisons indicate that BG activation is characteristic to the parallel paradigm, while supramarginal gyrus and superior temporal gyrus activations are characteristic to the serial paradigm. The multifaceted view of the subcomponents allows describing the cognitive processes associated with strategy execution and feedback processing independently in the serial feedback task and as combined processes in the multitasking scenario of the conventional parallel feedback task. (shrink)

Over the past century, the tremendous concentration of power in the modern state has frequently been a threat to the life and liberty of individuals and social groups. Liberal democracy seeks to harness state power to the causes of individual freedom and public benefit - through such means as constitutional limits on and separation of powers, free and regular elections, and the vigilance of citizens, parliaments and media. This collection of essays offers perspectives on the difficulties of establishing and sustaining (...) a modern liberal democratic state. These themes are pursued through subjects ranging from the extreme abuses of power by Nazi regime to the misuse of power by executive government in the "WA Inc" years, from the quest for a genuinely republican Australia to the role of trust and suspicion in liberal democracy, from the alleged decline of the state in a globalizing world to the construction of a new state in East Timor, and from the importance of free scholarship to the role of deliberative polling in enhancing the democratic process. The late Patrick O'Brien, scholar, teacher, public intellectual and political activist, believed passionately in the importance of personal liberty and in the firm and transparent regulation of the exercise of power. This book celebrates O'Brien's life and intellectual engagements, and demonstrates the enduring importance of the key themes of his work. (shrink)

One of today's most influential business consultants brings us practical lessons from one of the world's most profound works of wisdom for cultivating real power and transforming the workplace into a source of immense satisfaction and fulfillment.A former Fortune 500 top executive who is a leading business consultant combines forces with the bestselling translator of the Tao Te China to write the first book revealing how to use the wisdom of this ancient text to understand the most valued and (...) elusive prize in business: power. Power is the most coveted reward -- the power to run a project, a department, or an entire company. Yet there has been little written on the nature of this essential tool without which nothing is accomplished. What exactly is power, and where does it come from? Does power automatically come with authority? Does it come from your superiors, or do you create it for yourself? And why is it so difficult to hang on to?Real Power illustrates the paradox in winning at work: that power begins only when we learn to let go of the illusion of control in order to empower others. Real power recognizes that employees already have power in their skills, their commitment to the job, and their passion for the work. Real power comes from creating an environment in which that power can be expressed in order to produce the best results for everyone.The book's advice for cultivating real power ranges from learning why helping your competition (inside or outside the company) can be the biggest help to yourself, to understanding why conventional displays of power are the least effective ways to accomplish goals. Whether you're at the top of the corporate ladder, the middle, orthe bottom, this guide will help make your work fulfilling on every level From financial to personal. (shrink)

This paper analyzes the impact mechanism of executive poverty experience on innovation performance from the two logics of “innate endowment” and “endogenous power.” It then explores the moderating role of executive characteristics, firm nature, and market competition from the perspective of heterogeneity, and finally proves the influence mechanism. Using the data of Chinese A-share listed companies from 2012 to 2020, the empirical results show that executives’ poverty experience improves corporate innovation performance. Further studies find that female executives with (...) poverty experience have a more significant impact on innovation performance. Additionally, state-owned enterprises weaken the positive effects of executives with poverty experiences on innovation performance. The impact of executive poverty experience on innovation performance is more significant in fierce market competition. The mediating result suggests that executive poverty experience improves innovation performance partly by inhibiting R&D manipulation. The findings remain valid through Propensity Score Matching tests, the Heckman two-stage, and alternative indicator measures. Using the early life poverty experience of executives, this study promotes research on the factors influencing corporate innovation. It also provides empirical evidence for improving corporate innovation performance through a study of moderating effects and influencing mechanisms. (shrink)

In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant 'Security or Freedom' framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between (...) branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states. (shrink)

We theoretically discuss and empirically show how CEO power based on environmental expertise and formal influence over executives and directors, in the absence and presence of shareholder activism, spurs firms toward greener strategies. Our results support the idea that CEOs with informal power, grounded in expertise, reduce corporate environmental impact and this relationship is amplified when the CEO also enjoys formal power over the board of directors. Additionally, we found that any source of CEO power, whether informal or formal, is (...) a good catalyst for transforming shareholder activism into corporate greening. However, in the absence of such activism, only CEOs’ informal environmental expert power acts as a determinant of firm environmental performance. (shrink)

Dynamic 10gic programming is the result 0f making dynamic versions 0f first order predicate 10gic executable. The main sources of inspiration for this are the dynamic variable binding strategies that have become fashionable in natural language analysis (DRT [8], Anaphora, Logic [2], DPL [7]), the idea of implementing identity assertions as assignment commands familiar from constraint programming, and more in particular from Alma,-0 [1], and the genera.] injunction to explore logical dynamics emanating from the works of J 01121,11 van Benthemw (...) eg. from.. (shrink)

Negative externalities pervade immigration law. For example, immigration rules can cause negative economic externalities by barring foreign nationals whose participation would make labor markets more efficient. On the other hand, sweeping executive-branch measures to assist immigrants may unduly expand executive power and yield adverse effects on governance. This essay divides immigration's negative externalities into three categories: economic, relational, and rhetorical. It then argues for specific legal and policy measures, including tailored executive discretion over deportation; more robust court (...) review of immigration restrictions that affect foreign nationals outside the United States; and classifying deportation of lawful permanent residents of the United States as punishment requiring advance notice that specific acts can prompt removal, like the notice the Constitution's Ex Post Facto Clause requires for criminal laws. (shrink)

The chief executive of the Law Society proposes that the Mental Capacity Bill is a progressive initiative enhancing personal autonomy. Laing replies to this by showing that the Bill, for from enhancinging personal autonomy explodes it by inviting homicide by unaccountable third parties, allowing non-therapeutic research and organ-removal without consent and creating a secret and unaccountable court with a lethal power over the vulnerable incapacitated.

The present article analyses the qualitative and quantitative parameters of the execution of foreign policy in the Constitution of the Republic of Lithuania. It should be noted that the matters of foreign policy were on the brink of constitutional regulation for a long time. The powers of institutions of the state in the field of foreign relations were established laconically by the Constitutions of first and second “waves” of establishment of constitutionalism. It was argued that the choices of decisions and (...) the execution of foreign policy were determined by political reasons and the law could only fix the results of that policy. That is why these constitutions should be seen as establishing quantitative characteristics of action of the state institutions in the field of foreign policy. As a result of the changes in the concept of the Constitution and the general recognition of the relevance of constitutional regulation from the middle of the twentieth century the constitutional acts began to define not only the powers of certain state institutions in the field of the foreign policy but also the objectives and principles of this policy. These objectives and principles are qualitative parameters of the action of state institutions, which are mandatory constitutional requirements to all subjects engaged in foreign policy. From a qualitative standpoint, the powers of the state institutions can be exercised only by taking the constitutional objectives into account and by respecting the Constitution. The Constitution establishing both qualitative and quantitative characteristics of the execution of foreign policy becomes an actual basis of this policy. It is unlawful to execute foreign policy without complying with its objectives and constitutional principles. The institutions of constitutional review have the powers to determine the constitutionality of legal acts related to the execution of foreign policy. Constitutional regulations previous to the Constitution of the Republic of Lithuania of 1992 only defined the powers of state institutions, i.e. the quantitative parameters of their action. The Lithuanian Constitution of 1992 also established the constitutional objectives and principles of foreign policy. This area of constitutional regulation has been enhanced by the participation of the Republic of Lithuania in the European Union. The author suggests analysing this matter as an autonomous constitutional principle and not only as a case of participation in international organisations or an integral element of the principle of geopolitical orientation. Constitutional objectives and principles of foreign policy, as well as the other provisions of the Constitution regarding the exercise of foreign policy, are interpreted in constitutional jurisprudence. In cases concerning the constitutionality of international treaties, laws and other legislative acts directly related to the exercise of foreign policy, the Constitutional Court reveals the content and meaning of the qualitative and quantitative constitutional parameters of foreign policy. Despite the fragmented nature of the case law one can see the precise contours of the foreign policy system. (shrink)

Despite often being condemned for having a paradigmatically unrealistic or dangerous conception of power, Plato expends much effort in constructing his distinctive conception of power. In the wake of Socrates’ trial and execution, Plato writes about conventional, elitist, and radically unethical conceptions of power only to ‘refute’ them on behalf of a favoured conception of power allied with justice. Are his arguments as pathetic or wrong-headed as many theorists make them out to be – from Machiavelli to contemporary political realists, (...) from ‘political’ critics of Plato ranging from Popper to Arendt? And if not, has our understanding of power been impoverished? This question has been surprisingly unasked, and it is one I address by asking Plato and his critics: What are the dialectical moves Plato makes in refuting Socrates’s opponents and constructing his own conception of legitimate power? Exactly how does he interweave his conception of power with a kind of ethics? How does it compare to recent conceptions of political realism and the power-politics/ethics relationship – e.g., after Marx and Foucault? While addressing these questions I also attend to the issue of Plato’s historicity: to what extent do the limits of his language and world affect our reading of Plato and his political critics? Ultimately, I argue that and how Plato’s conception of power and its political dimensions realistically have much to teach us that we have not learned. (shrink)

The essential nature of legislative power is to make the laws; that of executive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s (...) Second Treatise, Montesquieu’s Spirit of the Laws, as well as The Federalist Papers. Moreover, it will seek to establish its executive nature and to explain why it is so often (at least presently) misunderstood to be akin to the legislative power. (shrink)

Bleiman and Boisen offer a simple yet profound perceptual framework designed to lead us back to dominion -- the state where we feel balanced, connected and in harmony with ourselves and the world. People from all walks of life, from parents and teachers to couples and corporate executives, will find this a powerful tool for effecting change at the personal and global level.

This paper investigates the Turkish Constitutional Court (TCC)’s treatment of legal challenges brought against Turkey’s legal responses to the COVID-19 pandemic. Drawing on a detailed examination of the TCC’s institutional features, political origins and jurisprudential trajectory, and taking three politically salient judgments of the TCC concerning Turkey’s executive-dominated pandemic control as the point of departure, the paper argues that the TCC chose to exercise judicial restraint both in protecting fundamental rights and reviewing pandemic policies of the executive. It (...) also argues that the TCC’s judicial restraint during the pandemic was simply the re-manifestation of its ‘play-it-safe’ strategy — a judicial stance the TCC willingly adopted in the aftermath of the 2016 attempted coup despite possessing strong constitutional powers of judicial review, and its established attitude of assertive scrutiny in the past. From a more theoretical perspective, the analysis also explores how the passive role to which the TCC is consigned in an increasingly authoritarian regime since the 2016 failed coup relates to the global phenomenon of judicialization of authoritarian politics. (shrink)

For the period 2015–2019 and based on a Spanish sample of 145 listed companies, this paper provides insights into how narcissistic chief executive officers (CEOs) influence the proportion of women in top management teams (TMTs). As a further analysis and in line with social psychology and upper echelons theories, we study whether the power and gender of a CEO and the female proportion in the firm's board moderate the relationship. Our results reveal that narcissistic CEOs are less likely to (...) support women in TMTs, confirming that CEO personality traits influence team structure. Further results suggest that this aversion increases as the CEO's power grows and is a woman, and when female proportion in board decreases. The results have an impact on the gender equality goal, demonstrating that the behavior of women toward promoting gender equality in TMTs depends both on the specific position of women in the firm's hierarchy and on their personal psychological attributes. We find that women directors support social identity values and that narcissistic female CEOs act like queen bees. (shrink)

Arguments analogous to those found in the late medieval theory of the king’s two bodies, popularized by Ernst Kantorowicz, were resurrected in early nineteenth-century constitutional theories of the moderating powers of monarchy. Post-revolutionary French liberal thought, echoed by its Portuguese counterpart, rediscovered the virtues of the institution of royalty, notably the immaterial and immortal body of the king. This rediscovery was prompted by the uncertainties of different national political contexts which made many contemporaries believe it desirable to integrate restored monarchies (...) within modern constitutional models for state stability. This first occurred with the Bourbons’ return to post-Napoleonic France and the restoration of the monarchy in 1814, and then with the Braganza royal family’s return to Portugal in 1821 after thirteen years of rule from Brazil. Using arguments similar to those previously made in late medieval European political and legal thought, French and Portuguese liberals developed a theory of the king’s two powers, according to which the monarch at once exercised a moderating power, defined by the abstract institutional nature of the king’s person, and an executive power, embodied within his physical person. This conceptualization of royal duality was intended to make it possible to delegate executive power to ministers, leaving the king only the attributes of a largely symbolic power. Liberals thereby hoped to confine the monarch to his purely institutional body in a de-politicized constitutional role. (shrink)

Besides the pure pleasure of watching a dance performance, dance as a whole-body movement is becoming increasingly popular for health-related interventions. However, the science-based evidence for improvements in health or well-being through dance is still ambiguous and little is known about the underlying neurophysiological mechanisms. This may be partly related to the fact that previous studies mostly examined the neurophysiological effects of imagination and observation of dance rather than the physical execution itself. The objective of this pilot study was to (...) investigate acute effects of a physically executed dance with its different components (recalling the choreography and physical activity to music) on the electrical brain activity and its functional connectivity using electroencephalographic (EEG) analysis. Eleven dance-inexperienced female participants first learned a Modern Jazz Dance (MJD) choreography over three weeks (1 h sessions per week). Afterwards, the acute effects on the EEG brain activity were compared between four different test conditions: physically executing the MJD choreography with music, physically executing the choreography without music, imaging the choreography with music, and imaging the choreography without music. Every participant passed each test condition in a randomized order within a single day. EEG rest-measurements were conducted before and after each test condition. Considering time effects thephysically executed dance without musicrevealed in brain activity analysis most increases in alpha frequency and in functional connectivity analysis in all frequency bands. In comparison,physically executed dance with musicas well asimagined dance with musicled to fewer increases andimagined dance without musicprovoked noteworthy brain activity and connectivity decreases at all frequency bands. Differences between the test conditions were found in alpha and beta frequency betweenthe physically executed danceandthe imagined dance without musicas well as between thephysically executed dance withandwithout musicin the alpha frequency. The study highlights different effects of a physically executed dance compared to an imagined dance on many brain areas for all measured frequency bands. These findings provide first insights into the still widely unexplored field of neurological effects of dance and encourages further research in this direction. (shrink)

Steffen Ganghof’s book addresses pressing questions in democratic theory and institutional design regarding how to promote effective political inclusion and avoid personalizing power in democratic executives. His model of semi-parliamentarism manages to transform tradeoffs in these areas that were previously thought inescapable, unlocking novel potential for democratic reform.

The article deals with the criteria upon which the powers of the Seimas (the Parliament of the Republic of Lithuania) and the Government are delimited in the constitutional jurisprudence of Lithuania. It analyses how the Constitutional Court construes the principle of separation of powers as entrenched in the Constitution and evaluates the meaning of the provision of the Constitution that corresponding ‘relations are regulated by law’. If the Constitution provides that certain relations are regulated by means of a law, such (...) relations may be regulated only by means of a legal act, which takes the form of a law, and it is, therefore, not permissible to regulate such relations by Government resolutions or other acts of the executive. The most important elements of legal relations must be regulated (established) by means of a law, whereas Government resolutions might establish the procedure for the implementation of such laws. Rulings of the Constitutional Court reveal that once the powers of a specific branch of state power have been directly established in the Constitution, an institution of state power may not assume the said powers fr om another state institution. It may not transfer or waive them; and such powers may not be amended or limited by means of a law. The question remains, whether the provision of the Law on the Diplomatic Service wh ereby the candidacy of a diplomatic representative must be reviewed by the Seimas Committee on Foreign Affairs in advance is not in conflict with the Constitution. (shrink)