The least examined branch立宪政府中立法机关的作用 pdf mobi txt word epub 下载 2024

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.

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 Constitutional 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 Canada, the U.S., and South Africa.

Tsvi Kahana is an assistant Professor of Law at Queen's University, Ontario, Canada. 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 Constitutional State by Amy Gutmann

Contributors

New Ways of LooMng at Old Institutions

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 Constitutionalism, 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 Constitution

PART THREE. CONSTITUTION MAKING BY LEGISLATURES"THE EXPLICIT VERSION

9 Legislatures as Constituent Assemblies

10 Legislatures and the Phases and Components of Constitutionalism

11 Legislatures and Constitutional Agnosticism

12 Constitutional Amendments and the Constitutional Common Law

PART FOUR. CONSTITUTION MAKING BY LEGISLATURES: THE IMPLICIT VERSION

13 What Do Constitutions Do That Statutes Don't (Legally Speaking)?

14 Conditions for Framework Legislation

15 Super-Statutes: The New American Constitutionalism

PART FIVE. CONSTITUTIONAL INTERPRETATION AND APPLICATION BY THE LEGISLATURE

16 Interpretation in Legislatures and Courts: Incentives and Institutional Design

17 Constitutional Engagement "Outside the Courts" (and "Inside the Legislature"): Reflections on Professxonal ExperUse and the Abdlty to Engage in Constitutional Interpretation

18 Legislatures as Constitutional Interpretation: Another Dialogue

19 The Constitution and Congressional Committees: 1971-2000

PART SIX. IS LEGISLATIVE CONSTITUTIONALISM POSSIBLE?

20 Democratic Decision Making as the First Principle of Contemporary Constitntionalism

……

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

Index

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书籍介绍

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.