Download or read book The Equilibrium of Parliamentary Law making written by Viktor Kazai and published by Taylor & Francis. This book was released on 2024-08-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Download or read book Executive Legislative Relations in Parliamentary Systems written by Patrícia Calca and published by Springer Nature. This book was released on 2022-05-03 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Under a Democratic Constitution written by Lisa Burton Crawford and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Role of Governments in Legislative Agenda Setting written by Bjorn Erik Rasch and published by Routledge. This book was released on 2013-07-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Enlargement and the Failure of Conditionality written by Dimitry Kochenov and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Politics of Parliamentary Debate written by Sven-Oliver Proksch and published by Cambridge University Press. This book was released on 2015 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how parties and their members of parliament structure parliamentary debate, providing novel insights into intra-party politics and representation.
Download or read book Separating Powers International Law before National Courts written by David Haljan and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Three Branches written by Christoph Möllers and published by Oxford University Press. This book was released on 2013-03-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.
Download or read book Constitutional Culture and Democratic Rule written by John A. Ferejohn and published by Cambridge University Press. This book was released on 2001-10-08 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Political Legal and Economic Overview written by Mauro Cappelletti and published by Walter de Gruyter. This book was released on 2013-08-26 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making and Breaking Governments written by Michael Laver and published by Cambridge University Press. This book was released on 1996-01-26 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Subjects and Sovereigns written by Corinne Comstock Weston and published by Cambridge University Press. This book was released on 2003-12-11 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book charts the establishment of the modern idea of parliamentary sovereignty.
Download or read book Polity Notes For Fast Revision for IAS PCS Police SSC Railway CDS EPFO CAPF Patwari School College NET JRF Exam written by Team Arora IAS and published by Arora IAS . This book was released on with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Index Chapter-1 : Historical Context and Background Chapter-2 : Constituent Assembly Formation Chapter-3 : Distinguishing Characteristics of the Indian Constitution Chapter-4 : The Constitution: Foundation of a Nation Chapter-5 : Preamble of the Indian Constitution Chapter-6 : Union and its Geographical Boundaries Chapter-7 : Indian Citizenship: Rights and Responsibilities Chapter-8 : Fundamental Rights in the Indian Constitution Chapter-9 : Directive Principles of State Policy Chapter-10 :Fundamental Duties in the Indian Constitution Chapter-11 :Amendment Process of the Indian Constitution Chapter-12 :Development of the Fundamental Structure Doctrine in India Chapter-13 :Parliamentary System in India Chapter-14 :India's System of Federalism Chapter-15 :Interactions Between the Centre and States in India Chapter-16 :Relations Among States in India Chapter-17 :Provisions for Emergencies in the Indian Constitution (Part-1) Chapter-17 :Electing the President of India (Part-2) Chapter-18 :Vice President of India Chapter-19 :Governor in India Chapter-20: Prime Minister of India Chapter-21: Chief Minister in India's Parliamentary System Chapter-22: Cabinet of Ministers at the Central Level in India Chapter-23: Ministerial Council at the State Level in India Chapter-24 :The Indian Parliament Chapter-25 :Parliamentary Committees Chapter-26 : State Legislature in India Chapter-27 : Indian Parliamentary Group (IPG) Chapter-28 : Parliamentary Forums Chapter-29 : Supreme Court of India Chapter-30 : Public Interest Litigation (PIL) Chapter-31 : Judicial Activism in India Chapter-32 : Judicial Review in India Chapter-33 : High Courts in India Chapter-34 : Subordinate Courts in India Chapter-35 : Tribunals in India Chapter-36 : Panchayati Raj in India Chapter-37 : Urban Local Government (ULG) in India Chatper-38 : Union Territories Chapter-39 : Special Provisions for Some States in the Indian Constitution Chapter-40 : Scheduled Areas and Tribal Areas in India Chapter-41 : The Election Commission of India Chapter-42 :Comptroller and Auditor General of India (CAG) Chapter-43 : Union Public Service Commission (UPSC) Chapter-44 : State Public Service Commission Chapter-45 : Finance Commission Chapter-46 : Attorney General of India Chatper-47 : Advocate General of the State Chapter-48 : National Commission for Scheduled Castes (NCSC) Chapter-49 : National Commission for Scheduled Tribes (NCST) Chapter-50 : National Commission for Backward Classes (NCBC) Chapter-51 : Special Officer for Linguistic Minorities (Commissioner for Linguistic Minorities) Chapter-52 : Goods and Services Tax Council (GST Council) Chapter-53 : NITI Aayog Chapter-54 : National Human Rights Commission (NHRC) Chapter-55 : State Human Rights Commissions (SHRCs) Chapter-56 : Central Vigilance Commission (CVC) Chatper-57 : Central Information Commission (CIC) Chapter-58 : State Information Commission (SIC) Chapter-59 : Central Bureau of Investigation (CBI) Chapter-60 : National Investigation Agency (NIA) Chatper-61 : Co-operative Societies Chatper-62 : National Disaster Management Authority (NDMA) Chapter-63 : Law Commission of India Chapter-64 : Bar Council of India Chapter-65 : Delimitation in India Chapter-66 : Lokpal and Lokayuktas Chapter-67 : Official Language in the Indian Constitution Chapter-68 : Public Services in India Chapter-69 : Rights and Liabilities of the Government Chapter-70 : Special Provisions for Certain Classes Chapter-71 : Special Provisions for Some States Chatper-72 : National Consumer Disputes Redressal Commission (NCDRC) Chapter-73: Elections Chapter-74 : Election Laws Chapter-75 : Electoral Reforms in India Chapter-76 : Political Parties in India Chapter-77 : Role of Regional Parties in India Chapter-78 : Pressure Groups Chapter-79 : Anti-Defection Law in India Chapter-80 : Voting Behaviour Chapter-81 : Coalition Government Chapter-82 : National Integration in India Chapter-83 : Significant Supreme Court Judgments Chapter-84 : National Commission to Review the Working of the Constitution (NCRWC) Chapter-85 : Indian Foreign Policy Join One to One Guidance Programme From Basic to Advance Charges 9999 Rs for 2 Years Whatsapp : 9267929744
Download or read book The Constitution of Italy written by Marta Cartabia and published by Bloomsbury Publishing. This book was released on 2022-02-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legislative Institutions and Lawmaking in Latin America written by Eduardo Alemán and published by Oxford University Press. This book was released on 2016 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Sovereignty of Parliament written by Jeffrey Denys Goldsworthy and published by . This book was released on 2001 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
