Separation of Powers in Australia

This article argues that the nature and character of separation of powers in Australia has been fundamentally shaped and defined by the High Court, which chose a Blackstonian, common law conception of separation of judicial powers in preference to the principles elaborated in The Federalist and articulated in the American Constitution. But the Court's recent jurisprudence, including its admission that it makes the law, has presented unprecedented theoretical and political challenges to the concept of separation of judicial power in Australia, including a transformation in the role of the attorneygeneral, the creation of new institutions and a move towards an American conception of checks and balances. Thus this article suggests that the Court continues to exercise a profound influence on the formulation of separation of powers in Australia.     

斯巴达“监察官”与政治分权

深刻认识古代斯巴达的"监察官"历史价值必须要有新的视角。古典时期斯巴达的监察官主要代表了平民的利益,它的职权以监督、司法权为主,行政、宗教、军事和立法等权力为辅。监察官的建立推进了斯巴达的政治分权,增加了斯巴达政治的民主成分。     

战后日本三权分立问题研究

战后,日本通过《日本国宪法》确立了资产阶级民主制度的三权分立之原则和形式,但由于世界范围内的趋势、日本政体的问题和自民党的"一党独大"等原因,遂造成三权失衡即行政权急剧膨胀和立法权与司法权遭到严重削弱诸问题。     

The Locke Essay: Achievement and Promise

Abstract

Strauss's essay on Locke is devoted to Locke's early lectures on the law of nature, a text unpublished when he initially wrote on Locke in Natural Right and History. One purpose of his essay was to show that the Locke text did not contradict the position on the law of nature that Strauss had earlier attributed to him. Strauss also used the essay as an opportunity to further his own reflections on traditional natural law doctrine.