Kritički osvrti na porast ovlašćenja američke izvršne vlasti

Mikić, Vladimir (2013) Kritički osvrti na porast ovlašćenja američke izvršne vlasti. Pravni život (12). pp. 733-746. ISSN 0350-0500

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Abstract

Ever since the very beginnings of the United States, numerous critics have emphasized the expansive nature of the presidency. Whether their origin have been of scientific or purely political nature, those assessments always tended to accentuate the risks for the system of checks and balances, as well as for the Constitution itself, which allegedly arrive from an assertive executive branch of power. However, historical record suggests that these critics often very sharply accused the presidency because of its aggressive nature and controversial attitude toward the practical maintenance of the principle of the division of power. This paper analyzes historical perspective of these accusations and demonstrates that no institutional crisis, however great or dangerous, ever effectively justified the magnitude of such an ‘anti-executive’ stance of a great number of observers. Basic principles of American constitutional law do not seem to have been changed, much less annihilated, as the bulwark of the critics has been suggesting practically since the Constitution of 1787 was adopted. This paper demonstrates that many elements of the critics have so far proven to be overemphasized.

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