The least examined branch立宪政府中立法机关的作用 mobi 下载 网盘 caj lrf pdf txt 阿里云

Unlike most works in c***titutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of c***titutional democracy. Bringing together some of the world's leading c***titutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the c***titutional state, c***titution-*** by legislatures, legislative and popular c***titutionalism, and the dialogic role of legislatures, both domestically with other instituti*** 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 Ca***. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.

作者简介：

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 C***titutional Studies. He was educated at the University of Alberta, Dalhousie University, and Oxford University. His most recent book is Ideology and Community in the First Wave of Critical Legal Studies. He has published in law journals in Ca***, the U.S., and South Africa.

Tsvi Kahana is an assistant Professor of Law at Queen's University, Ontario, Ca***. 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.

Foreword: Legislatures in the C***titutional State by Amy Gutmann

Contributors

New Ways of LooMng at Old Instituti***

Richard W. Bauman and Tsvi Kahana

PART ONE. LEGISLATURES AND DEMOCRATIC THEORY

　1 Principles of Legislation

　2 An Exact Epitome of the People

　3 Political Accountability, Proxy Accountability, and the Democratic Legitimacy of Legislatures

　4 C***titutionalism, Trade Legislation, and "Democracy"

PART TWO. LEGISLATING AND DELIBERATING IN THE DEMOCRATIC LEGISLATURE

5 Legislative ]udgment and the Enlarged Mentality: Taking Religious Perspectives

6 Should We Value Legislative Integrity?

7 Nondelegation Principles

8 Vox Populi: Populism, the Legislative Process, and the Canadian C***titution

PART THREE. CONSTITUTION MAKING BY LEGISLATURES"THE EXPLICIT VERSION

9 Legislatures as C***tituent Assemblies

10 Legislatures and the Phases and Components of C***titutionalism

11 Legislatures and C***titutional Agnosticism

12 C***titutional Amendments and the C***titutional Common Law

PART FOUR. CONSTITUTION MAKING BY LEGISLATURES: THE IMPLICIT VERSION

13 What Do C***tituti*** Do That Statutes Don't (Legally Speaking)?

14 Conditi*** for Framework Legislation

15 Super-Statutes: The New American C***titutionalism

PART FIVE. CONSTITUTIONAL INTERPRETATION AND APPLICATION BY THE LEGISLATURE

16 Interpretation in Legislatures and Courts: Incentives and Institutional Design

17 C***titutional Engagement "Outside the Courts" (and "Inside the Legislature"): Reflecti*** on Professxonal ExperUse and the Abdlty to Engage in C***titutional Interpretation

18 Legislatures as C***titutional Interpretation: Another Dialogue

19 The C***titution and Congressional Committees: 1971-2000

PART SIX. IS LEGISLATIVE CONSTITUTIONALI*** POSSIBLE?

20 Democratic Decision Making as the First Principle of Contemporary C***titntionalism

……

PART SEVEN.THE LEGISLATURE IN DIALOGUE:DOMESTIC AND INTERNATIONAL CONTEXTS

Index

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书籍介绍

Unlike most works in c***titutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of c***titutional democracy. Bringing together some of the world's leading c***titutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the c***titutional state, c***titution-*** by legislatures, legislative and popular c***titutionalism, and the dialogic role of legislatures, both domestically with other instituti*** 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 Ca***. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.