By Harel Arnon
ISBN-10: 1593322399
ISBN-13: 9781593322397
ISBN-10: 1593323050
ISBN-13: 9781593323059
Arnon deals a coherent criminal thought to direct laws, a.k.a. projects, within the usa. His underlying argument is that the shortcoming of a good confirmed criminal concept during this sector is undesired. His ebook explores philosophical justifications for direct laws in addition to acceptable felony doctrines after which bargains a coherent conceptualization of direct laws. in accordance with this conceptualization, Arnon indicates an cutting edge criminal conception that has quick functions to statutory interpretation and judicial overview. As such, Arnon offers us cutting edge insights in a criminal subject that, regardless of its political value, has been principally missed by means of criminal teachers. criminal students, judges and litigators may perhaps locate the e-book insightful and fresh.
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Extra info for A Theory of Direct Legislation (Law and Society) (Law and Society)
Example text
In the same fashion, it is also clear that the idea of bringing policymaking to the people is in line with some of our most primal intuitions about democracy. It seems fair to assume that giving the people more political power is likely to enhance political participation and not diminish it. The value of these assumptions lies in their ability to elucidate the uniqueness of initiative lawmaking as such and to justify a unique legal treatment of direct legislation without being dependent on empirical findings.
In direct legislation, a relatively small group of interested parties drafts the proposal, the people - who are excluded from the drafting process vote on it, and subsequently various administrative and judicial authorities implement it. In this scenario, the people are placed at a substantial disadvantage in comparison to the proposal’s sponsors and the state agencies that are in charge of its final implementation. Aside from voting, the people do not participate in the legislative process. As a result, there is the possibility that communication between initiative sponsors and state agencies will be private and privileged, by virtue of the use of technical language and laden legal concepts, creating the risk that an initiative’s sponsors will mislead the public knowing full well that their bill’s real meaning and actual implementation by state agencies will differ from the significance touted to the voting public.
A Theory of Direct Legislation Democracy, Participation and Initiatives Another line of argument for justifying democracy stresses the notion of participation. Accordingly, what matters most in democracy is not the fairness of the process but rather the idea that people must participate in government in order for it to be democratic. At the crux of this argument lies not the outcome of the democratic process with regard to any contested question, but the idea that the people’s participation in the act of governing is desired in and of itself.