The Least Examined Branch: The Role of Legislatures in the Constitutional State

ISBN-13: 9780521676823 / Angielski / Miękka / 2006 / 616 str.

Richard Bauman; Tsvi Kahana; Richard W. Bauman

Opis

Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.

Recenzje

"...This collection helpfully contains pieces from authors who dissent from the chorus of approval of legislative constitutionalism....the book captures an important element in the evolution of the scholarship on constitutionalism. I recommend this book for law and social science libraries, and to advanced students of constitutions in law schools and political science departments."
--Thomas M.J. Bateman, St. Thomas University, Fredericton, New Brunswick, Canada, The Law and Politics Book Review

Spis treści

Foreword Amy Guttman; Introduction Richard W. Bauman and Tsvi Kahana; Part I. Legislatures and Democratic Theory: 1. Principles of legislation Jeremy Waldron; 2. An exact epitome of the people Russell Hardin; 3. Political accountability, proxy accountability, and the democratic legitamacy of legislatures Jane S. Schacter; 4. Constitutionalism, trade legislation, and 'democracy' Chantal Thomas; Part II. Legislating and Deliberating in the Democratic Legislature: 5. Legislative judgment and the enlarged mentality: taking religious perspectives Jennifer Nedelsky; 6. Should we value legislative integrity? Andrei Marmor; 7. Nondelegation principles Cass Sunstein; 8. Populism, the legislative process and the Canadian constitution; Part III. Constitution-making by Legislatures: The Explicit Version: 9. Legislatures as constitutent assemblies Jon Elster; 10. Legislatures and the phases and components of constitutionalism Ruth Gavison; 11. Legislatures and constitutional agnosticism Patricia Hughes; 12. Constitutional amendments and the constitutional common law Adrian Vermeule; Part IV. Constitution-Making by Legislatures: The Implicit Version: 13. What do constitutions do that statutes don't (legally speaking)? Frank I. Michelman; 14. Conditions for framework legislation Elizabeth Garrett; 15. Super-statutes: the new American constitutionalism William N. Eskridge, Jr. and John Ferejohn; Part V. Constitutional Interpretation and Application by the Legislature: 16. Interpretation in legislatures and courts: incentives and institutional design Mark Tushnet; 17. Constitutional engagement 'outside the courts' (and 'inside the legislature'): reflections on professional expertise and the ability to engage in constitutional interpretation Sanford Levinson; 18. Legislation as constitutional interpretation: another dialogue Andrée Lajoie with Cécile Bergada and Éric Gélineau; 19. The constitution and congressional committees: 1971–2000 Keith E. Whittington, Neal Devins and Hutch Hicken; Part VI. Is Legislative Constitutionalism Possible?: 20. Democratic decision-making as the first principle of contemporary constitutionalism Jeremy Webber; 21. Legislative constitutionalism in a system of judicial supremacy Daniel A. Farber; 22. Between supremacy and exclusivity Owen Fiss; 23. Legislatures as rule-followers Frederick Schauer; 24. Popular revolution or popular constitutionalism? Reflections on the constitutional politics of Quebec Secession Sujit Choudhry; Part VII. The Legislatures in Dialogue: Domestic and International Contexts: 25. Disobeying parliament? Privative clauses and the rule of law David Dyzenhaus; 26. Look who's talking now: dialogue theory and the return to democracy Andrew Petter; 27. An international community of legislatures? Daphne Barak-Erez; 28. Legislatures in dialogue with one another: dissent, decisions, and the global polity Heather K. Gerken.