The least examined branch : the role of legislatures in the constitutional state / edited by Richard Bauman, Tsvi Kahana.

Includes bibliographical references and index.

Introduction. New ways of looking at old institutions / Richard W. Bauman and Tsvi Kahana -- pt. 1. Legislatures and democratic theory. Principles of legislation / Jeremy Waldron ; An exact epitome of the people / Russell Hardin ; Political accountability, proxy accountability, and the democratic legitimacy of legislatures / Jane S. Schacter ; Constitutionalism, trade legislation, and 'democracy' / Chantal Thomas -- pt. 2. Legislating and deliberating in the democratic legislature. Legislative judgment and the enlarged mentality: taking religious perspectives / Jennifer Nedelsky ; Should we value legislative integrity? / Andrei Marmor ; Nondelegation principles / Cass Sunstein ; Populism, the legislative process and the Canadian Constitution / Harry Arthurs -- pt. 3. Constitution-making by legislatures: the explicit version. Legislatures as constituent assemblies / Jon Elster ; Legislatures and the phases and components of constitutionalism / Ruth Gavison ; Legislatures and constitutional agnosticism / Patricia Hughes ; Constitutional amendments and the constitutional common law / Adrian Vermeule -- pt. 4. Constitution-making by legislatures: the implicit version. What do constitutions do that statutes don't (legally speaking)? / Frank I. Michelman ; Conditions for framework legislation / Elizabeth Garrett ; Super-statutes: the new American constitutionalism / William N. Eskridge, Jr. and John Ferejohn -- pt. 5. Constitutional interpretation and application by the legislature. Interpretation in legislatures and courts: incentives and institutional design / Mark Tushnet ; Constitutional engagement 'outside the courts' (and 'Inside the legislature'): reflections on professional expertise and the ability to engage in constitutional interpretation / Sanford Levinson ; Legislation as constitutional interpretation: another dialogue / Andree Lajoie with Cecile Bergada and Eric Gelineau ; The Constitution and congressional committees: 1971--2000 / Keith E. Whittington, Neal Devins, and Hutch Hicken -- pt. 6. Is legislative constitutionalism possible?. Democratic decision-making as the first principle of contemporary constitutionalism / Jeremy Webber ; Legislative constitutionalism in a system of judicial supremacy / Daniel A. Farber ; Between supremacy and exclusivity / Owen Fiss ; Legislatures as rule-followers / Frederick Schauer ; Popular revolution or popular constitutionalism? Reflections on the constitutional politics of Quebec Secession / Sujit Choudhry -- pt. 7. The legislature in dialogue: domestic and international contexts. Disobeying parliament? Privative clauses and the rule of law / David Dyzenhaus ; Look who's talking now: dialogue theory and the return to democracy / Andrew Petter ; An international community of legislatures? / Daphne Barak-Erez ; Legislatures in dialogue with one another: dissent, decisions, and the global polity / Heather K. Gerken.

Print version record.

Unlike most works in constitutional theory, which focus on the role of the courts, this book, first published in 2006, 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.

English.

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