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Comparative administrative law

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Comparative administrative law

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    Available in PDF Format | Comparative administrative law.pdf | Unknown
    Frank Johnson Goodnow
Excerpt from book: CHAPTER III. THE THEORY OF THE SEPARATION OF POWERS. It has been shown that administration is to be found in the activity of the government exclusive of that of the legislature and that of the courts, textit{i. e. in the activity of the executive organs of the government. The differentiation of three somewhat separate governmental authorities was the result of the political history and experience of Europe and especially of England. Historically it may be shown that all governmental power was at one time expressed in all cases in final instance by a single organ, textit{viz., the early mediaeval monarch. Experience proved, however, that certain expressions of it should be made by the state, textit{i. e. by the constitution-making power, and not by the government at all. This resulted in the distinction of the state from the government. Experience also showed that in the case where this governmental power should be expressed by the government it is a deliberative body largely independent of any other governmental organ which should act in a series of instances: that in another series it is an executing organ, largely separate from and independent of all other governmental authorities which should act: and that finally in another series of cases duties should be imposed upon a third series of authorities forming the judiciary. These three authoritieswere called respectively the legislature, the executive, and the judicial authority. This differentiation of governmental authorities was first noticed in modern times by Locke and Montesquieu, the latter of whom based upon this fact his famous theory of the separation or distribution of powers. In his great work on the textit{Esprit dea Lois, he first distinguished three great powers of government, textit{viz., the legislative, th...  
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  • PDF | 482 pages
  • Frank Johnson Goodnow
  • General Books LLC
  • Unknown
  • 5
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