The Least Examined Branch: The Role of Legislatures in the Constitutional StateRichard W. Bauman, Tsvi Kahana 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. |
Contents
| 33 | |
Section 2 | 45 |
Section 3 | 76 |
Section 4 | 93 |
Section 5 | 125 |
Section 6 | 139 |
Section 7 | 155 |
Section 8 | 181 |
Section 14 | 320 |
Section 15 | 355 |
Section 16 | 378 |
Section 17 | 385 |
Section 18 | 396 |
Section 19 | 431 |
Section 20 | 452 |
Section 21 | 468 |
Section 9 | 198 |
Section 10 | 214 |
Section 11 | 229 |
Section 12 | 273 |
Section 13 | 294 |
Section 22 | 480 |
Section 23 | 499 |
Section 24 | 519 |
Section 25 | 532 |
Section 26 | 547 |
Other editions - View all
The Least Examined Branch: The Role of Legislatures in the Constitutional State Richard W. Bauman,Tsvi Kahana No preview available - 2006 |
The Least Examined Branch: The Role of Legislatures in the Constitutional State Richard W. Bauman,Tsvi Kahana No preview available - 2006 |
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Popular passages
Page 16 - First principle: each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all. Second principle: social and economic inequalities are to be arranged so that they are both: (a) to the greatest benefit of the least advantaged, consistent with the just savings principle, and (b) attached to offices and positions open to all under conditions of fair equality of opportunity.
Page 28 - Parliament is not a congress of ambassadors from different and hostile interests ; which interests each must maintain, as an agent and advocate, against other agents and advocates ; but parliament is a deliberative assembly of one nation, with one interest, that of the whole ; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole.