nunia
[个人文集]
加入时间: 2005/11/04
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作者：nunia 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
old vision as of Jan. 6, 2006 has only 186 words and one reference.
Unitary Executive theory, in its strict definition, states that the American Constitution created a unitary executive branch which is led by the President, and therefore no part of the branch can sue another part because "the executive cannot sue himself"; moreover, if the judicial branch were to adjudicate disputes between executive agencies, it would violate the doctrine of seperation of powers. The phrase has also been used to describe the perception that members of the George W. Bush administration, such as David Addington, believe that the presidency has expansive powers and deserves nearly absolute deference from the United States Congress and Judiciary.
The US courts have not ruled on the theory, but the United States Department of Justice has adopted it and used it to decide that the US Environmental Protection Agency may not bring a legal suit against the US military, since there would be only one party in the suit: the President. As a result of this, the EPA must rely upon negotiated agreements with other federal agencies, and thus has less power to enforce regulations on them than it does over private enterprises.
Sources and External Links
http://www.bc.edu/bc_org/avp/law/lwsch/journals/bcealr/27_3/04_TXT.htm
The new expanded version is being disputed on this talk page
http://en.wikipedia.org/wiki/Talk:Unitary_executive_theory
作者：nunia 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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The legal mind behind US war on terror - Addington
