The Equilibrium Of Parliamentary Law Making

Author : Viktor Kazai
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2024
Category : Law
ISBN : 1032760923

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The Equilibrium of Parliamentary Law-Making by Viktor Kazai Pdf

"This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments' role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its centre and discusses all the relevant legal concepts, institutions and doctrines. It combines theoretical analysis with case-law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policy makers working in the areas of Constitutional Law and Politics and Comparative Law"--

Author : Viktor Kazai
Publisher : Taylor & Francis
Page : 212 pages
File Size : 50,9 Mb
Release : 2024-08-01
Category : Law
ISBN : 9781040097502

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The Equilibrium of Parliamentary Law-making by Viktor Kazai Pdf

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 407 pages
File Size : 48,8 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107020566

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Comparative Constitutional Design by Tom Ginsburg Pdf

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Author : Lisa Burton Crawford,Patrick Emerton,Dale Smith
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 53,6 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509920877

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Law Under a Democratic Constitution by Lisa Burton Crawford,Patrick Emerton,Dale Smith Pdf

Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.

Author : Dimitry Kochenov
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 49,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126962

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EU Enlargement and the Failure of Conditionality by Dimitry Kochenov Pdf

Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.

Author : Sven-Oliver Proksch,Jonathan B. Slapin
Publisher : Cambridge University Press
Page : 223 pages
File Size : 40,9 Mb
Release : 2015
Category : Political Science
ISBN : 9781107072763

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The Politics of Parliamentary Debate by Sven-Oliver Proksch,Jonathan B. Slapin Pdf

This book explains how parties and their members of parliament structure parliamentary debate, providing novel insights into intra-party politics and representation.

Author : David Haljan
Publisher : Springer Science & Business Media
Page : 335 pages
File Size : 46,8 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048583

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Separating Powers: International Law before National Courts by David Haljan Pdf

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Author : Bjorn Erik Rasch,George Tsebelis
Publisher : Routledge
Page : 306 pages
File Size : 48,9 Mb
Release : 2013-07-04
Category : Law
ISBN : 9781136870460

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The Role of Governments in Legislative Agenda Setting by Bjorn Erik Rasch,George Tsebelis Pdf

With a strong comparative framework, this book examines fourteen countries with parliamentary or semi-presidential systems of government to provide a detailed investigation into the mechanisms by which governments determine the agendas of their parliaments.

Author : Patrícia Calca
Publisher : Springer Nature
Page : 195 pages
File Size : 49,7 Mb
Release : 2022-05-03
Category : Political Science
ISBN : 9783030923433

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Executive-Legislative Relations in Parliamentary Systems by Patrícia Calca Pdf

Analysing the conditions under which governments are more likely to present an executive law or a government bill, this book addresses a central aspect of the decision-making process of public policies. Drafting legislation is an important action to achieve specific policy goals, and the path chosen for this process is part of governmental strategy. This book presents a new theoretical explanation of how executives wield legislative power, based in a formal model. The model is tested using new data from Portugal. It shows that in political systems where one of the political actors has veto powers which can easily be overridden, the type of parliamentary majority is the main consideration for the government's choice of legislative instrument. More specifically, when a government does not have the majority in parliament it is more likely to propose an executive law, and contrary, when a government has a majority in parliament, it is more likely to propose a government bill.

Author : Michael Laver,Kenneth A. Shepsle
Publisher : Cambridge University Press
Page : 319 pages
File Size : 40,6 Mb
Release : 1996-01-26
Category : Biography & Autobiography
ISBN : 9780521432450

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Making and Breaking Governments by Michael Laver,Kenneth A. Shepsle Pdf

Making and Breaking Governments offers a theoretical argument about how parliamentary parties form governments, deriving from the political and social context of such government formation its generic sequential process. Based on their policy preferences, and their beliefs about what policies will be forthcoming from different conceivable governments, parties behave strategically in the game in which government portfolios are allocated. The authors construct a mathematical model of allocation of ministerial portfolios, formulated as a noncooperative game, and derive equilibria. They also derive a number of empirical hypotheses about outcomes of this game, which they then test with data drawn from most of the postwar European parliamentary democracies. The book concludes with a number of observations about departmentalistic tendencies and centripetal forces in parliamentary regimes.

Author : John A. Ferejohn,Jack N. Rakove,Jonathan Riley
Publisher : Cambridge University Press
Page : 430 pages
File Size : 43,9 Mb
Release : 2001-10-08
Category : History
ISBN : 052179370X

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Constitutional Culture and Democratic Rule by John A. Ferejohn,Jack N. Rakove,Jonathan Riley Pdf

This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.

Author : Corinne Comstock Weston,Janelle Renfrow Greenberg
Publisher : Cambridge University Press
Page : 440 pages
File Size : 55,6 Mb
Release : 2003-12-11
Category : History
ISBN : 0521892864

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Subjects and Sovereigns by Corinne Comstock Weston,Janelle Renfrow Greenberg Pdf

The book charts the establishment of the modern idea of parliamentary sovereignty.

Author : Mauro Cappelletti,Monica Seccombe,Joseph H. Weiler
Publisher : Walter de Gruyter
Page : 708 pages
File Size : 43,9 Mb
Release : 2013-08-26
Category : Law
ISBN : 9783110921540

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A Political, Legal and Economic Overview by Mauro Cappelletti,Monica Seccombe,Joseph H. Weiler Pdf

Author : Marta Cartabia,Nicola Lupo
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 45,8 Mb
Release : 2022-02-10
Category : Law
ISBN : 9781509905744

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The Constitution of Italy by Marta Cartabia,Nicola Lupo Pdf

This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

Author : Eduardo Alemán,George Tsebelis
Publisher : Oxford University Press
Page : 285 pages
File Size : 53,5 Mb
Release : 2016
Category : Political Science
ISBN : 9780198777861

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Legislative Institutions and Lawmaking in Latin America by Eduardo Alemán,George Tsebelis Pdf

This volume investigates the ways in which the interaction between legislative institutions and the policy positions of key actors affects the initiation and passage of legislation. The volume covers seven Latin American countries: Argentina, Brazil, Chile, Colombia, Mexico, Peru, and Uruguay.