The Least Examined Branch: The Role of Legislatures in the Constitutional State
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.
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action Adrian Vermeule agnosticism American argue argument authority beneﬁts bill Bruce Ackerman Canada Canadian Charter citizens claim Clarity Act committees common law conﬂict Congress congressional constitutional amendment constitutional interpretation constitutionalism context conventional debate decision deﬁned deﬁnition deliberation democracy democratic difﬁcult dissent doctrine elected electoral enacted constitution enforcement example executive federal ﬁnal ﬁrst framework laws fundamental hearings Ibid important inﬂuence institutional interests Jeremy Waldron Jon Elster Joseph Raz judges judgment judicial review judiciary Justice lawmaking legal system legislative legislature legitimacy limited majority Mark Tushnet means ment moral nondelegation nondelegation doctrine norms ofﬁcials opinion Parliament party political populist president principle privative clause problem procedures Quebec question reason reﬂect religious requires role separation of powers signiﬁcant social speciﬁc statute statutory structure sufﬁcient super-statute supra note supranote Supreme Court theory tion tutional U.S. Constitution University Press values vote voters
16. lappuse - 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.
28. lappuse - 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.