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The least examined branch立宪政府中立法机关的作用

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版次：
页数：596
字数：
印刷时间：2006年08月01日
开本：16开
纸张：胶版纸
包装：平装
是否套装：否
国际标准书号ISBN：9780521676823

作者:Richard W. Bauman，Tsvi Kahana　著出版时间:2006年08月

内容简介

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.

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目　　录

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

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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