A sturdy house built on shifting soil: Separation of powers Interpretations from the bench

This thesis explores the development of the separation of powers doctrine and its application by the United States Supreme Court. Its analysis will focus upon the six different approaches to the doctrine that the Court has employed over the past two hundred years. Moreover, it will show that these six methods of analysis; which include the textual, original intent, structural, institutional competence, historical practice, and values approaches, have often been mixed single cases; The approach that is employed in these separation of powers cases often dictates their outcome. In many of these cases, a different approach may have led to a substantially different outcome. Thus, it will show that the doctrine has grown to have an ambiguous nature. This is both confusing and constraining to law makers and has led to the argument that the separation of powers doctrine no longer has a place in our modern political world.

Name thesis:degree_name

Master of Arts (MA)

Level thesis:degree_level

Thesis

Discipline thesis:degree_discipline

Political Science

Grantor dc:publisher

University of Nevada, Las Vegas

Year

1998

Author dc:creator

• Sibley, Michael Justin

Contributors dc:contributor

• Jerry Simich

Statement dc:rights

• IN COPYRIGHT. For more information about this rights statement, please visit http://rightsstatements.org/vocab/InC/1.0/

Identifier

https://oasis.library.unlv.edu/rtds/908

OAI identifier oai:identifier

oai:oasis.library.unlv.edu:rtds-1907