Non-Statutory Executive Powers
Assessing Global Constitutionalism in a Structural-Institutional Context
Bibliographic Data
| ID | 9931768 |
|---|---|
| Authors | Margit Cohn (Hebrew University of Jerusalem, corresponding author) |
| Year | 2015 |
| Volume | 64 |
| Issue | 1 |
| Pages | 65-102 |
| Publication date | 2015-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589314000554 |
| OpenAlex | W2098448227 |
| Language | EN |
| Citations received | 1 |
| References cited | 37 |
This article analyses the source, nature, and use of unilateral, non-statutory executive powers, frequently employed as a governance tool but rarely studied in a comparative context. Exercised in the absence of direct statutory authorization, such powers are often invoked by executives in emergency and foreign affairs contexts, but are equally central to domestic policy-making. Unilateral executive power challenges two central democratic values that support the separation of powers ideal: representation and deliberation. Different structural treatments of these powers are considered through a comparison of three constitutional regimes, those of the United States, the United Kingdom and Israel. Despite material structural differences between these systems, the emerging patterns are similar enough to support the argument that direct law-making by the executive is an unavoidable element of the political sphere. Developing a template for comparison analysis, this article shows that a pattern of functional convergence has emerged, unsupported by overt transplantation or borrowing between these systems. The results set a possible challenge to the growing recognition of global world constitutionalism, at least in structural-institutional contexts
Argument (complex analysis · Constitutionalism · Context (archaeology · Deliberation · Democracy · Law and economics · Political science · Politics · Separation of powers · Sociology · Statutory law · International Arbitration and Investment Law · International Law and Human Rights · Judicial and Constitutional Studies · Law
Constitutionalism and the separation of powers
An introduction to comparative law
Democracies
Governing with Judges
The Failure of Presidential Democracy
Environment and EnforcementRegulation and the Social Definition of Pollution
The Reformation of American Administrative Law
Presidential Administration
The Great Transformation
Constitutional and Administrative Law
Credit Cycles & Debt Restructuring
Expanding Democracy - Transferring the Crown Prerogative to Parliament
What shall we do with the crown prerogative
Jefferson vs. Hamilton
Legal Transplant Chronicles
The Documentary History of the Ratification of the Constitution. Vol. I
Legal Transplant and Undue Influence
Towards Juristocracy
On Uses and Misuses of Comparative Law
The Other Founders
From the Positive to the Regulatory State
Constitutionalism and Presidential Prerogative
European Legal Systems are not Converging
The Fusion of Presidentialism and Parliamentarism
Comparative Jurisprudence (II)
The Question of Case Selection in Comparative Constitutional Law
Constitutional Cultures
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2025 - 2025 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 1 |