La separación de poderes y el sistema de pesos y contrapesos en Estados Unidos: del sueño de Hamilton, Madison y Marshall a la amenaza de la presidencia imperial
The objective of this paper is to determine whether, after 230 years of the Constitution of the United Stated of America, the pillars of the separation of powers and the system of checks and balances that authors like Hamilton, Madison and Marshall helped design or, otherwise, whether what some...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7537625 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 15, Nº. 2, 2018, pags. 36-52 |
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| Summary: |
The objective of this paper is to determine whether,
after 230 years of the Constitution of the United
Stated of America, the pillars of the separation of
powers and the system of checks and balances that
authors like Hamilton, Madison and Marshall helped
design or, otherwise, whether what some authors call
“the imperial presidency” has been implemented.
The methodology used is of a dogmatic historical
nature. The conclusion is that the personality of the
president of the American Union has become a noninstitutionalized limit which is extremely dangerous
and contradicts the very idea of the Rule of Law.
Facing the threat of the “president emperor”, today
it is unavoidable to remember the principles that
inspired the Constitution of the United States and the
limits it imposes on the different powers, including
the executive. |
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