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Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1009058312
Category : Law
Languages : en
Pages : 197
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Book Description
Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.
Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1009058312
Category : Law
Languages : en
Pages : 197
Get Book Here
Book Description
Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.
Author: Brian J. Cook
Publisher: University Press of Kansas
ISBN: 0700632077
Category : Political Science
Languages : en
Pages : 292
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Book Description
In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state. By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.
Author: Jack Trammell
Publisher:
ISBN: 9781939930743
Category : Political Science
Languages : en
Pages : 178
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Book Description
With the explosion of social media and the Internet, practically everyone in America has instant access to the news and a greater ability to follow what is happening anywhere. As a result, we are a culture and a nation that is bombarded with information. However, we are coping poorly with that assault and using an outdated framework for our governance. Many people feel disconnected from the very mechanisms and people who are supposed to represent their interests.'The Fourth Branch of Government' is about updating the framework of our democracy. It is a movement whose time has come, and one that the Founding Fathers envisioned. This book outlines a roadmap for how change can be facilitated, as well as a rationale for why it is absolutely necessary and urgent. The only way to update our democracy and make it relevant to the 21st century is to call for a Constitutional Convention. In that forum, we can consider changes like eliminating the Electoral College, or implementing e-voting--perhaps even changes leading to a broader and more direct participation in our governance, the Fourth Branch of Government.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Ethan J. Leib
Publisher: Penn State Press
ISBN: 9780271045290
Category : Political Science
Languages : en
Pages : 188
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Book Description
We are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.
Author: Paul Tucker
Publisher: Princeton University Press
ISBN: 0691196303
Category : Business & Economics
Languages : en
Pages : 662
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Book Description
Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.
Author: Bartholomew H. Sparrow
Publisher: JHU Press
ISBN: 9780801860362
Category : Language Arts & Disciplines
Languages : en
Pages : 308
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Book Description
The news media are often seen as a fourth branch of government, serving as a check on the other three. This text argues that this is a mistaken notion: the media's decisions affect the government's policy making, as well as the processes and outcomes of the political system.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Thomas E. Mann
Publisher: Oxford University Press
ISBN: 0195368711
Category : History
Languages : en
Pages : 289
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Book Description
Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state of dysfunction.
Author: Kevin B. Smith
Publisher: Oxford University Press, USA
ISBN: 9780195330694
Category : Public administration
Languages : en
Pages : 0
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Book Description
Public Administration: Power and Politics in the Fourth Branch of Government presents public administration through the lens of politics and the policy-making power of the bureaucracy. By showing how the bureaucracy influences daily life, Smith and Licari bring the field of public administration alive for students. This text dispels the myth that the study of public administration is boring or irrelevant to students' lives by demonstrating just how deeply it pervades our lives. The authors focus on the bureaucracy--"the fourth branch of government"--as a key ingredient in politics and policy-making. This approach is novel, but it accurately reflects the true nature of public administration in America. This book examines our bureaucracy's considerable political power, where it comes from, how it is used, and how it can be controlled. Major Features: * Unique focus on political and policy-making power. This is the first public administration textbook to focus on the political and policy-making power of the bureaucracy. Without abandoning coverage of more traditional topics, this approach is more compelling to students because it demonstrates just how much influence the bureaucracy wields in our daily lives. * Highlights the tension between democracy and bureaucracy. A central paradox at the heart of the political system is democracy's reliance on the very undemocratic bureaucratic institutions that characterize the administrative branch of government. This text seeks to explain why and lay out the implications of that dependency. * Details the role and legitimacy of public administration in a democracy. There is an uneasy and fascinating relationship between the democratically elected leadership in government and the bureaucracies needed to carry out their decisions. This tension forms a running theme throughout the book. * Solid multidisciplinary foundation. This book draws on literature by the most important academics in the fields of both public administration and political science. * Readability. Smith and Licari write in an engaging, informal style that is rich in lively examples and free of academic jargon. Key terms are included in a glossary.
