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.

Constituent Assemblies

Author: Jon Elster,Roberto Gargarella,Vatsal Naresh,Bjørn Erik Rasch

Publisher: Cambridge University Press

ISBN: 1108427529

Category: Law

Page: 264

View: 8670

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Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.

Feminist Constitutionalism

Global Perspectives

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

Publisher: Cambridge University Press

ISBN: 0521761573

Category: Law

Page: 477

View: 3224

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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.

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: 4966

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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 Heritage Guide to the Constitution

Fully Revised Second Edition

Author: David F. Forte,Matthew Spalding

Publisher: Simon and Schuster

ISBN: 1621573524

Category: Political Science

Page: 500

View: 8437

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A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

The Broken Branch

How Congress is Failing America and how to Get it Back on Track

Author: Thomas E. Mann,Norman J. Ornstein

Publisher: Oxford University Press

ISBN: 0195368711

Category: Political Science

Page: 298

View: 9086

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Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state

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: 7299

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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

The Executive Branch of State Government

People, Process, and Politics

Author: Margaret Robertson Ferguson

Publisher: ABC-CLIO

ISBN: 1851097716

Category: Law

Page: 467

View: 2190

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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.

Constitutionalism and the Separation of Powers

Author: M. J. C. Vile

Publisher: N.A

ISBN: 9780865971752

Category: Law

Page: 455

View: 4467

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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.

The American Congress

The Building of Democracy

Author: Julian E. Zelizer

Publisher: Houghton Mifflin Harcourt

ISBN: 9780547345505

Category: Political Science

Page: 784

View: 6006

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Congress is the heart and soul of our democracy, the place where interests are brokered, laws are established, and innovation is turned into concrete action. It is also where some of democracy's greatest virtues clash with its worst vices: idealism and compromise meet corruption and bitter partisanship. The American Congress unveils the rich and varied history of this singular institution. Julian E. Zelizer has gathered together forty essays by renowned historians to capture the full drama, landmark legislation, and most memorable personalities of Congress. Organized around four major periods of congressional history, from the signing of the Constitution to the creation of the Department of Homeland Security, this volume brings a fresh perspective to familiar watershed events: the Civil War, Watergate, the Vietnam War. It also gives a behind-the-scenes look at lesser-known legislation debated on the House and Senate floors, such as westward expansion and war powers control. Here are the stories behind the 1868 vote to impeach President Andrew Johnson; the rise of Jeannette Rankin, the first woman elected to Congress and a leading advocate for pacifism; and the controversy surrounding James Eastland of Mississippi, who carried civil rights bills in his pockets so they could not come up for a vote. Sidebars further spotlight notables including Huey Long, Sam Rayburn, and Tip O'Neill, bringing the sweeping history of our lawmaking bodies into sharp focus. If you've ever wondered how Congress worked in the past or what our elected officials do today, this book gives the engaging, often surprising, answers.

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: 9714

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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.

Standards of Review in WTO Dispute Resolution

Author: Matthias Oesch

Publisher: Oxford University Press on Demand

ISBN: 9780199268924

Category: Law

Page: 276

View: 8760

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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: 5340

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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: William Cobbett

Publisher: N.A

ISBN: N.A

Category: Great Britain

Page: N.A

View: 3150

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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: 6373

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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.