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

This book addresses the role of legislatures in constitutional democracies.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.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.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.Foreword Amy Guttman; Introduction Richard W. Bauman and Tsvi Kahana; Part I. Legislatures and Democratic Theory: 1. Principles of legislation Jeremy Waldron; 2. An exact epitome of the people Russell Hardin; 3. Political accountability, proxy accountability, and the democratic legitamacy of legislatures Jane S. Schacter; 4. Constitutionalism, trade legislation, and 'democracy' Chantal Thomas; Part II. Legislating and Deliberating in the Democratic Legislature: 5. Legislative judgment and the enlarged mlsß