legislative delegation the erosion of normative limits in modern constitutionalism

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Legislative Delegation

Author : Bogdan Iancu
ISBN : 9783642223303
Genre : Law
File Size : 47. 7 MB
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An overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.

Constitutional Sunsets And Experimental Legislation

Author : Sofia Ranchordás
ISBN : 9781783478958
Genre : Law
File Size : 23. 94 MB
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This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis.

The Bureaucrat Kings The Origins And Underpinnings Of America S Bureaucratic State

Author : Paul D. Moreno
ISBN : 9781440839672
Genre : Political Science
File Size : 41. 73 MB
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Provocative in nature, this work looks critically at the bureaucratic infrastructure behind the U.S. federal government, from its origins as a self-governing republic in the 18th century to its modern presence as a centralized institution. • Suggests a number of improvements in the way our government runs based on the basic principles of good government • Explains the sources of bureaucratic government—how we went from a limited, constitutional government to a sovereign state • Discusses the economic, religious, and legal background of the growth of bureaucratic government • Shows how the original Constitution contained the spread of bureaucracy for more than a century • Reveals how the nineteenth-century party system avoided administrative excesses

Environmental Politics And Governance In The Anthropocene

Author : Philipp Pattberg
ISBN : 9781317449928
Genre : Business & Economics
File Size : 52. 61 MB
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The term Anthropocene denotes a new geological epoch characterized by the unprecedented impact of human activities on the Earth’s ecosystems. While the natural sciences have advanced their understanding of the drivers and processes of global change considerably over the last two decades, the social sciences lag behind in addressing the fundamental challenge of governance and politics in the Anthropocene. This book attempts to close this crucial research gap, in particular with regards to the following three overarching research themes: (i) the meaning, sense-making and contestations emerging around the concept of the Anthropocene related to the social sciences; (ii) the role and relevance of institutions, both formal and informal as well as international and transnational, for governing in the Anthropocene; and (iii) the role and relevance of accountability and other democratic principles for governing in the Anthropocene. Drawing together a range of key thinkers in the field, this volume provides one of the first authoritative assessments of global environmental politics and governance in the Anthropocene, reflecting on how the planetary scale crisis changes the ways in which humans respond to the challenge. This volume will be of great interest to students and scholars of global environmental politics and governance, and sustainable development.

Governance And Constitutionalism

Author : Bogdan Iancu
ISBN : 9781351798945
Genre : Law
File Size : 30. 98 MB
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This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.

Constitutionalism And The Separation Of Powers

Author : M. J. C. Vile
ISBN : 0865971757
Genre : Law
File Size : 42. 68 MB
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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.

Neue B Cher Und Aufs Tze In Der Bibliothek

Author : Germany. Bundestag. Bibliothek
ISBN : WISC:89119246353
Genre :
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Unstable Constitutionalism

Author : Mark Tushnet
ISBN : 9781107068957
Genre : Law
File Size : 64. 60 MB
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This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Constitutionalism And The Rule Of Law

Author : Maurice Adams
ISBN : 9781316883259
Genre : Law
File Size : 80. 20 MB
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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

The Strategic Constitution

Author : Robert Cooter
ISBN : 0691096201
Genre : Law
File Size : 20. 11 MB
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Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

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