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The Least Examined Branch: The Role of Legislatures in the Constitutional State
 
 
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The Least Examined Branch: The Role of Legislatures in the Constitutional State [Paperback]

Richard W. Bauman (Editor), Tsvi Kahana (Editor)

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Book Description

0521676827 978-0521676823 August 14, 2006 1
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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Editorial Reviews

Review

"...This collection helpfully contains pieces from authors who dissent from the chorus of approval of legislative constitutionalism....the book captures an important element in the evolution of the scholarship on constitutionalism. I recommend this book for law and social science libraries, and to advanced students of constitutions in law schools and political science departments."
--Thomas M.J. Bateman, St. Thomas University, Fredericton, New Brunswick, Canada, The Law and Politics Book Review

Book Description

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. It offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada.

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Inside This Book (learn more)
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Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
legislative constitutionalism, conventional dissent, judicial updating, irrelevance thesis, nondelegation canons, substantive privative clause, conventional nondelegation doctrine, legislative integrity, flag desecration amendment, secession clause, constituent legislatures, preemptive causation, nirvana illusion, latent public opinion, oriented hearings, constitutional deviation, religiously based argument, counterfactual thesis, dialogue theorists, privative clauses, nonjudicial actors, proxy theories, constitutional hearings, constitutional precommitments, core constitutional values
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, New York, Harvard University Press, Oxford University Press, Cambridge University Press, University of Chicago Press, Civil Rights Act, British Columbia, Princeton University Press, New Haven, Constitution Act, Yale University Press, First Amendment, Frederick Schauer, Secession Reference, Jeremy Waldron, Fourteenth Amendment, Jon Elster, New Deal, House of Commons, South Africa, Bruce Ackerman, Mark Tushnet, House of Representatives, Joseph Raz
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