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The Least Examined Branch
The Role of Legislatures in the Constitutional State

$58.00 USD

Amy Guttman, Richard W. Bauman, Tsvi Kahana, Jeremy Waldron, Russell Hardin, Jane S. Schacter, Chantal Thomas, Jennifer Nedelsky, Cass Sunstein, Jon Elster, Ruth Gavison, Patricia Hughes, Adrian Vermeule, Frank I. Michelman, Elizabeth Garrett, William N. Eskridge, Jr., John Ferejohn, Mark Tushnet, Sanford Levinson, Andrée Lajoie, Cécile Bergada, Éric Gélineau, Keith E. Whittington, Neal Devins and Hutch Hicken, Jeremy Webber, Daniel A. Farber, Owen Fiss, Frederick Schauer, Sujit Choudhry, David Dyzenhaus, Andrew Petter, Daphne Barak-Erez, Heather K. Gerken
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  • Date Published: November 2006
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9780511247873

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About the Authors
  • 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.

    • No books to date focus solely on the role of legislatures under constitutionalism
    • The book brings together an unprecedented team of constitutional lawyers and political scientists
    • The book offers perspectives from and about several countries as well as from several academic disciplines
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    Product details

    • Date Published: November 2006
    • format: Adobe eBook Reader
    • isbn: 9780511247873
    • contains: 1 table
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Foreword Amy Guttman
    Introduction Richard W. Bauman and Tsvi Kahana
    Part I. Legislatures and Democratic Theory:
    1. Principles of legislation Jeremy Waldron
    2. An exact epitome of the people Russell Hardin
    3. Political accountability, proxy accountability, and the democratic legitamacy of legislatures Jane S. Schacter
    4. Constitutionalism, trade legislation, and 'democracy' Chantal Thomas
    Part II. Legislating and Deliberating in the Democratic Legislature:
    5. Legislative judgment and the enlarged mentality: taking religious perspectives Jennifer Nedelsky
    6. Should we value legislative integrity? Andrei Marmor
    7. Nondelegation principles Cass Sunstein
    8. Populism, the legislative process and the Canadian constitution
    Part III. Constitution-making by Legislatures: The Explicit Version:
    9. Legislatures as constitutent assemblies Jon Elster
    10. Legislatures and the phases and components of constitutionalism Ruth Gavison
    11. Legislatures and constitutional agnosticism Patricia Hughes
    12. Constitutional amendments and the constitutional common law Adrian Vermeule
    Part IV. Constitution-Making by Legislatures: The Implicit Version:
    13. What do constitutions do that statutes don't (legally speaking)? Frank I. Michelman
    14. Conditions for framework legislation Elizabeth Garrett
    15. Super-statutes: the new American constitutionalism William N. Eskridge, Jr. and John Ferejohn
    Part V. Constitutional Interpretation and Application by the Legislature:
    16. Interpretation in legislatures and courts: incentives and institutional design Mark Tushnet
    17. Constitutional engagement 'outside the courts' (and 'inside the legislature'): reflections on professional expertise and the ability to engage in constitutional interpretation Sanford Levinson
    18. Legislation as constitutional interpretation: another dialogue Andrée Lajoie with Cécile Bergada and Éric Gélineau
    19. The constitution and congressional committees:
    1971–2000 Keith E. Whittington, Neal Devins and Hutch Hicken
    Part VI. Is Legislative Constitutionalism Possible?:
    20. Democratic decision-making as the first principle of contemporary constitutionalism Jeremy Webber
    21. Legislative constitutionalism in a system of judicial supremacy Daniel A. Farber
    22. Between supremacy and exclusivity Owen Fiss
    23. Legislatures as rule-followers Frederick Schauer
    24. Popular revolution or popular constitutionalism? Reflections on the constitutional politics of Quebec Secession Sujit Choudhry
    Part VII. The Legislatures in Dialogue: Domestic and International Contexts:
    25. Disobeying parliament? Privative clauses and the rule of law David Dyzenhaus
    26. Look who's talking now: dialogue theory and the return to democracy Andrew Petter
    27. An international community of legislatures? Daphne Barak-Erez
    28. Legislatures in dialogue with one another: dissent, decisions, and the global polity Heather K. Gerken.

  • Editors

    Richard W. Bauman, University of Alberta
    Richard W. Bauman is Professor of Law at the University of Alberta where he is also Chair of the Management Board of the Centre for Constitutional Studies. He was educated at the University of Alberta, Dalhousie University, Nova Scotia, and the University of Oxford. His most recent book is Ideology and Community in the First Wave of Critical Legal Studies. He has published in law journals in Canada, the US, and South Africa.

    Tsvi Kahana, Queen's University, Ontario
    Tsvi Kahana is an assistant Professor of Law at Queen's University, Ontario. He has taught courses at the University of Alberta, the University of Toronto, and Tel-Aviv University. His work has been published at The University of Toronto Law Journal, The Journal of Canadian Public Administration, Queen's Law Journal, and The Supreme Court Law Review.

    Contributors

    Amy Guttman, Richard W. Bauman, Tsvi Kahana, Jeremy Waldron, Russell Hardin, Jane S. Schacter, Chantal Thomas, Jennifer Nedelsky, Cass Sunstein, Jon Elster, Ruth Gavison, Patricia Hughes, Adrian Vermeule, Frank I. Michelman, Elizabeth Garrett, William N. Eskridge, Jr., John Ferejohn, Mark Tushnet, Sanford Levinson, Andrée Lajoie, Cécile Bergada, Éric Gélineau, Keith E. Whittington, Neal Devins and Hutch Hicken, Jeremy Webber, Daniel A. Farber, Owen Fiss, Frederick Schauer, Sujit Choudhry, David Dyzenhaus, Andrew Petter, Daphne Barak-Erez, Heather K. Gerken

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