By Richard W. Bauman, Tsvi Kahana
ISBN-10: 0511250525
ISBN-13: 9780511250521
ISBN-10: 0521859549
ISBN-13: 9780521859547
Not like so much works in constitutional idea, which specialize in the function of the courts, this e-book addresses the position of legislatures in a regime of constitutional democracy. Bringing jointly a number of the world's top constitutional students and political scientists, the booklet addresses legislatures in democratic thought, legislating and taking into consideration within the constitutional country, constitution-making by means of legislatures, legislative and well known constitutionalism, and the dialogic function of legislatures, either regionally with different associations and the world over with different legislatures. The e-book bargains theoretical views in addition to case experiences of various kinds of laws from the USA and Canada. It additionally addresses the position of legislatures either less than the Westminster version and lower than a separation of powers method.
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Additional info for The Least Examined Branch: The Role of Legislatures in the Constitutional State
Example text
I shall consider the democracy aspect under principle 7. 31 Elsewhere I have written on the sheer numbers of persons that deliberate lawmaking involves. Supreme courts have eight or nine voting members; legislatures have hundreds. I think these numbers are valued not just because more is better for, say, the reasons elaborated in Condorcet’s jury theorem,32 but because more gives us the opportunity to diversify the membership, to have legislators from a variety of places, representing a diversity of interests and opinions.
369 at 370–1. Ibid. at 377, n. 25. Much of Rubin’s critique (ibid. ” Principles of Legislation 21 effective public normativity. If a legislature increases the penalties for marijuana use or directs that officials shall no longer regard assisted suicide as an offense in certain circumstances, a literal reading will tell us that its primary addressees are prosecutors and judges; no one is literally being told not to smoke marijuana, nor is anyone actually being given permission to help their loved ones end their lives.
If law were just a game, or if the realities of political power or political impacts had little to do with law, then principles of legislation would matter less and their content might be different. I shall begin my discussion therefore with an account of why law as such is important. If we understand that, then we will better understand why the making of law is important, and we will understand too why it is important to have a place dedicated to the making of law in the way that legislatures are dedicated.