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Download The Least Examined Branch: The Role of Legislatures in the by Richard W. Bauman, Tsvi Kahana PDF

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By Richard W. Bauman, Tsvi Kahana

Not like so much works in constitutional conception, which concentrate on the function of the courts, this publication addresses the function of legislatures in a regime of constitutional democracy. Bringing jointly a few of the world's prime constitutional students and political scientists, the booklet addresses legislatures in democratic thought, legislating and contemplating within the constitutional nation, constitution-making by way of legislatures, legislative and renowned constitutionalism, and the dialogic function of legislatures, either regionally with different associations and the world over with different legislatures. The publication deals theoretical views in addition to case experiences of various kinds of laws from the U.S. and Canada. It additionally addresses the function of legislatures either below the Westminster version and below a separation of powers approach.

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

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The principle of political equality and the decision-procedure it supports in an elective legislature, for example, the rule of majority decision. Principles of Legislation 19 There is not supposed to be anything sacred about this list of seven principles. 17 But I hope this way of setting them out is illuminating. Before proceeding to the detail of my seven principles, there are some general points to be made. Procedural considerations seldom stand on their own: They are usually predicated on some sense of the importance of what the procedures are used for or what they are supposed to produce.

At 66ff. Ibid. at 77–8. See David Lieberman, The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain (Cambridge: Cambridge University Press, 1989), Parts III and IV. John Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1971) at 27. Ibid. at 302. Ibid. at 199. 13 I guess very few real-world legislators think of their tasks as being guided explicitly by either Rawlsian or Benthamite principles, or indeed by any principles stated at that level of abstraction.

The participants included an outstanding array of academics, with backgrounds in law, social sciences, philosophy, and history, drawn together to address significant issues that stem from recent work on how legislatures function in constitutional democracies. The editors would like to acknowledge the support of the Alberta Law Foundation, which through a special projects grant provided the funds to host the 2004 conference. We are also grateful for the encouragement of David Aucoin, the Foundation’s executive director.

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