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.

Constitutionalism and the Separation of Powers

Author: M. J. C. Vile

Publisher: N.A

ISBN: 9780865971752

Category: Law

Page: 455

View: 5333

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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.

Not Quite Supreme

The Courts and Coordinate Constitutional Interpretation

Author: Dennis Baker

Publisher: McGill-Queen's Press - MQUP

ISBN: 0773580719

Category: Law

Page: N.A

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Baker argues that coordinate interpretation – a model which requires both elected and appointed officials to interpret the Charter – allows for the creation of a more robust democracy, alleviating some of the tension between constitutionalism and democracy while limiting judicial activism. Drawing on literature from Montesquieu to recent court decisions, Not Quite Supreme gives an extensive critique of both Canadian and American judicial models and explores the tensions between the separation of powers in both countries. Not Quite Supreme is a fresh and substantial contribution to the debate, advancing a new argument in support of a more diverse tradition of legal decision making in Canada that makes the constitution, rather than individual decisions of the Court, its cornerstone.

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: 7150

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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.

Political Science Quarterly

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Social sciences

Page: N.A

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Vols. 4-38, 40-41 include Record of political events, Oct. 1, 1888-Dec. 31, 1925 (issued as a separately paged supplement to no. 3 of v. 31- 38 and to no. 1 of v. 40)

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: 2671

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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.

The Executive Branch of State Government

People, Process, and Politics

Author: Margaret Robertson Ferguson

Publisher: ABC-CLIO

ISBN: 1851097716

Category: Law

Page: 467

View: 6901

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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.

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: 614

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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: 9205

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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: 3087

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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.

Nurse Anesthesia E-Book

Author: John J. Nagelhout,Karen Plaus

Publisher: Elsevier Health Sciences

ISBN: 0323081010

Category: Medical

Page: 1408

View: 7446

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Long respected as the most comprehensive nurse anesthesia resource available, this new edition continues the tradition of bringing together leading experts to create a balanced reference that applies scientific principles to today’s clinical anesthesia practice. Inside you’ll find a solid introduction to the equipment and patient care techniques unique to nurse anesthesia side-by-side with the cutting-edge research and application of evidence necessary to prepare you for tomorrow. Over 700 tables and boxes highlight the most essential information in a quick, easy-to-reference format. An easy-to-use organization with basic principles covered first, followed by individual chapters for each surgical specialty, ensures you have the information you need to build your knowledge. Over 650 figures of anatomy, nurse anesthesia procedures, and equipment enhance your understanding of complex information. Expert CRNA authors provide the most up-to-date and relevant clinical information you’ll use in daily practice. The latest pharmacology information on pharmacokinetics, drug delivery systems, opiate antagonists, and key induction drugs to keep you up-to-date. Thoroughly updated references make finding the latest and most important research in the field quick and simple. New chapters address legal issues, neonatal anesthesia, anesthesia education, clinical monitoring, regional anesthesia, unexpected complications, and more. Expanded coverage of chemistry and physics as well as immunology makes these difficult fundamental topics easier to understand and apply to everyday practice. Over 100 new images enhance your understanding of difficult anesthesia concepts.

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: 4775

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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.

The Strategic Constitution

Author: Robert Cooter

Publisher: Princeton University Press

ISBN: 9780691096209

Category: Law

Page: 412

View: 9998

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Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

The Making of United States International Economic Policy

Principles, Problems, and Proposals for Reform

Author: Stephen D. Cohen

Publisher: Greenwood Publishing Group

ISBN: 9780275965037

Category: Business & Economics

Page: 305

View: 6577

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Cohen's definitive study of the decision-making process in all sectors of U.S. international economic policy is now available in a revised, updated edition.

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: 822

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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

Standards of Review in WTO Dispute Resolution

Author: Matthias Oesch

Publisher: Oxford University Press on Demand

ISBN: 9780199268924

Category: Law

Page: 276

View: 1673

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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.