The Least Examined Branch

The Role of Legislatures in the Constitutional State

Author: Richard W. Bauman,Tsvi Kahana

Publisher: Cambridge University Press

ISBN: 1139460404

Category: Law

Page: N.A

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Unlike most works in constitutional theory, which focus on the role of the courts, this book, first published in 2006, 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.

The End of the Charter Revolution

Looking Back from the New Normal

Author: Peter J. McCormick

Publisher: University of Toronto Press

ISBN: 144260641X

Category: Political Science

Page: 304

View: 1027

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The Canadian Charter of Rights and Freedoms became an entrenched part of the Canadian Constitution on April 17, 1982. The Charter represented a significant change in Canadian constitutional order and carried the courts, and the Supreme Court in particular, decisively into some of the biggest controversies in Canadian politics. Although the impact of the Charter on Canadian law and society was profound, a new status quo has been established. Even though there will be future Charter surprises and decisions that will claim news headlines, Peter J. McCormick argues that these cases will be occasional rather than frequent, and that the Charter "revolution" is over. Or, as he puts it in his introduction, "I will tell a story about the Charter, about the big ripples that have gradually but steadily died away such that the surface of the pond is now almost smooth." The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general historical background, followed by a survey of the significant changes brought about as Charter decisions were made. The book addresses a series of specific cases made before the Dickson, Lamer, and McLachlin Courts, and then provides empirical data to support the argument that the Charter revolution has ended. The Supreme Court has without question become "a national institution of the first order," but even though the Charter is a large part of why this has happened, it is not Charter decisions that will showcase the exercise of this power in the future.

New Constitutionalism in Latin America

Promises and Practices

Author: Dr Almut Schilling-Vacaflor,Prof Dr Detlef Nolte

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409483509

Category: Political Science

Page: 436

View: 2891

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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

The Development of China's Stockmarket, 1984-2002

Equity Politics and Market Institutions

Author: Stephen Green

Publisher: Routledge

ISBN: 1134345348

Category: Social Science

Page: 304

View: 6207

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As China's government manages a transition away from the socialist plan, how does it build the regulatory institutions it needs to manage the new market economy? Without the correct institutions, laws and agencies that implement the laws in place, the remarkable growth witnessed in China over the last two decades will falter. Financial sector reform lies at the heart of China's economic transition and China's stock market has become critical to the reform of state-owned industry, the supply of fiscal revenues and in building a modern pension system. The Development of China's Stockmarket takes a close look at the policy-making and regulatory institutions the government has created to manage equity development and shows how, in contrast to neo-institutional and economic theories of regulatory development, public actors have controlled institutional development. Based on extensive field research in Shanghai, Shenzhen and Beijing and over forty interviews with regulators and market players, The Development of China's Stockmarket provides the first detailed academic analysis of the country's stockmarket. With a comprehensive review of Chinese language literature available on the subject, this book is essential reading for all scholars with an interest in Asian Business and China's transition from socialism.

Feminist Constitutionalism

Global Perspectives

Author: Beverley Baines,Daphne Barak-Erez,Tsvi Kahana

Publisher: Cambridge University Press

ISBN: 0521761573

Category: Law

Page: 477

View: 509

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Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

Patterns of Constitutional Design

The Role of Citizens and Elites in Constitution-Making

Author: Dr Fernando Mendez,Dr Jonathan Wheatley

Publisher: Ashgate Publishing, Ltd.

ISBN: 147240775X

Category: Political Science

Page: 202

View: 6203

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To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

The Constitution in Congress

The Federalist Period, 1789-1801

Author: David P. Currie

Publisher: University of Chicago Press

ISBN: 9780226131146

Category: Law

Page: 327

View: 1680

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In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government. "A joy to read."—Appellate Practive Journal and Update "[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

Separation of Powers in Practice

Author: Thomas Campbell

Publisher: Stanford University Press

ISBN: 0804750270

Category: Law

Page: 235

View: 7667

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Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

The Executive Branch of State Government

People, Process, and Politics

Author: Margaret Robertson Ferguson

Publisher: ABC-CLIO

ISBN: 1851097716

Category: Law

Page: 467

View: 5675

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Discusses the roles, functions, and powers of state governors; the role of the executive branch in state politics; campaign politics and personal characteristics of governors; and the politics of the executive branch.

Standards of Review in WTO Dispute Resolution

Author: Matthias Oesch

Publisher: Oxford University Press on Demand

ISBN: 9780199268924

Category: Law

Page: 276

View: 7481

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This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can over-ride the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings. To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues. The current state of law and practice which has emerged through panel and Appellate Body reports is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases. Standards of Review in WTO Dispute Resolution is a significant contribution to a perplexing subject. It also contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.

Cobbett's Parliamentary History of England

From the Norman Conquest, in 1066. to the Year, 1803. from which Last-mentioned Epoch it is Continued Downwards in the Work Entitled, "Cobbett's Parliamentary Debates." ...

Author: Great Britain. Parliament

Publisher: N.A

ISBN: N.A

Category: Great Britain

Page: N.A

View: 5323

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We the People

A Brief Introduction to the Constitution and Its Interpretation

Author: D. Dahlin

Publisher: Springer

ISBN: 1137309393

Category: Political Science

Page: 186

View: 1093

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Dahlin takes an analytical approach to existing Constitutional scholarship and presents a limited number of landmark Supreme Court decisions in a way that makes this important material accessible to an undergraduate academic audience.

Register of Debates in Congress

Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress: [Dec. 6, 1824, to the First Session of the Twenty-fifth Congress, Oct. 16, 1837] Together with an Appendix, Containing the Most Important State Papers and Public Documents to which the Session Has Given Birth: to which are Added, the Laws Enacted During the Session, with a Copious Index to the Whole ...

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

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State Building in Ukraine

The Ukrainian parliament, 1990-2003

Author: Sarah Whitmore

Publisher: Routledge

ISBN: 1134321473

Category: History

Page: 240

View: 5901

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This book examines the development of the Ukrainian parliament - the Verkhovna Rada - from before Ukraine's independence in 1991 to the present. It shows how the parliament transformed itself from a provincial republican Soviet to the national legislature of a sovereign state and from a nominal, symbolic body to a genuine legislative and representative institution. It discusses the key role of parliament in the wider state-building process and examines the evolution of political factions and the committee system in the parliament.

Environmental Law from the Policy Perspective

Understanding How Legal Frameworks Influence Environmental Problem Solving

Author: Chad J. McGuire

Publisher: CRC Press

ISBN: 1482203677

Category: Business & Economics

Page: 325

View: 6075

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Most books on environment law focus on the law first, and then look at how environmental problems are dealt with in relation to the law. Taking a fresh approach, Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving examines environmental problems first, followed by an examination of legal frameworks and how they impact environmental issues. This approach provides a clearer understanding of the relationship between the law and environment by examining environmental issues from an applied perspective. By first focusing on environmental problems without constraining the analysis to a particular legal framework, this book fosters a more holistic discussion of environmental issues that include scientific, social, economic, and political contexts. It examines how laws affect the adaptation of policy, how policy is legitimized into statutory law, and how the law is impacted in practice. The text then underscores how interpretation of the law affects its application to different factual settings. Written by an environmental law expert who teaches environmental law to those not trained in legal theory, the book provides insights into the way environmental issues are "ingested" into a legal process. The author demystifies environmental law as a concept by applying it through the lens of environmental problem solving. Once you have a clear picture of the role legal frameworks have in managing environmental issues, you will be able to take a deeper policy-oriented approach to environmental problems.