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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Enumerated Powers in Federal Systems

Giacomo Delledonne

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 June 2024

Separation of powers — Delegated powers

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The notion of enumerated powers might refer to two distinct situations. They share the idea that power vested in a specific authority, which would otherwise be all-encompassing, is limited to a list of enumerated tasks and areas of action. The best-known example of enumerated powers is related to the limitation of the powers of the federal government in federal orders: in this respect, it might be defined as a typical technique for ensuring vertical separation of powers. Another possible notion of enumerated powers can be found in the French Constitution in...
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