The Once and Future King
Реклама. ООО «ЛитРес», ИНН: 7719571260.
Оглавление
F. H. Buckley. The Once and Future King
Отрывок из книги
Praise for The Once and Future King
“His prose explodes with energy.”
.....
Sherman wanted Congress to impose severe limits on a president’s authority. The president, he said, should be nothing more than the legislature’s agent. His job would be to execute the laws passed by the legislature, without exercising much (or any) discretion about how this was done.73 This was a theory of separation of powers, though not one now familiar to us. The legislature would make the laws, but not apply them; the executive would apply them, but not make them; the separation of the two powers would preserve liberty and the rule of law.74
This was an old-fashioned view of executive authority. A hundred years earlier, a more modern John Locke had argued that the executive should have broader powers. Under the royal prerogative, the King had the discretion to interpret or even vary legislation when the public good so demanded; Locke thought this a valuable right, since legislators are not “able to foresee, and provide by laws, for all that may be useful to the community.”75 However, Sherman and other Framers hearkened back to even earlier fears of the prerogative originating with the English Civil War, and parliamentary jealousy of the use Charles I had made of the prerogative to dissolve Parliament and rule autocratically.
.....