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Full-Text Articles in Political Science

The Legitimating Role Of Consent In International Law, Matthew J. Lister Jan 2011

The Legitimating Role Of Consent In International Law, Matthew J. Lister

Faculty Scholarship at Penn Law

According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but ...


Back To Basics: A New Approach To The Unitary Executive Theory, Amanda Nicol Jan 2011

Back To Basics: A New Approach To The Unitary Executive Theory, Amanda Nicol

Summer Research

Post-9/11 American politics has seen an unprecedented rise in presidential power and what has come to be known as the ‘imperial presidency’. The Bush Administration met with sharp criticism for its unusually strong interpretation of the unitary executive theory, which states that control of the executive branch should be vested solely in the president; certain administration officials argued that the unorthodox nature of the war on terror required that the president be granted absolute power under the unitary executive theory, devoid of usual legislative and judicial checks. Scholars are sharply divided over whether there is a constitutional basis for ...