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Author: Richard Ekins
Publisher: OUP Oxford
ISBN: 0191645931
Category : Law
Languages : en
Pages : 318
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Book Description
Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
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Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: Richard Ekins
Publisher: OUP Oxford
ISBN: 0191645931
Category : Law
Languages : en
Pages : 318
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Book Description
Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
ISBN: 1316194744
Category : Law
Languages : en
Pages : 309
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Book Description
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Author: United States. Congress. House. Select Committee on Committees
Publisher:
ISBN:
Category :
Languages : en
Pages : 264
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Book Description
Author: Craig Volden
Publisher: Cambridge University Press
ISBN: 0521761522
Category : Political Science
Languages : en
Pages : 261
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Book Description
This book explores why some members of Congress are more effective than others at navigating the legislative process and what this means for how Congress is organized and what policies it produces. Craig Volden and Alan E. Wiseman develop a new metric of individual legislator effectiveness (the Legislative Effectiveness Score) that will be of interest to scholars, voters, and politicians alike. They use these scores to study party influence in Congress, the successes or failures of women and African Americans in Congress, policy gridlock, and the specific strategies that lawmakers employ to advance their agendas.
Author: Citizens Against Government Waste
Publisher: St. Martin's Griffin
ISBN: 146685314X
Category : Political Science
Languages : en
Pages : 212
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Book Description
The federal government wastes your tax dollars worse than a drunken sailor on shore leave. The 1984 Grace Commission uncovered that the Department of Defense spent $640 for a toilet seat and $436 for a hammer. Twenty years later things weren't much better. In 2004, Congress spent a record-breaking $22.9 billion dollars of your money on 10,656 of their pork-barrel projects. The war on terror has a lot to do with the record $413 billion in deficit spending, but it's also the result of pork over the last 18 years the likes of: - $50 million for an indoor rain forest in Iowa - $102 million to study screwworms which were long ago eradicated from American soil - $273,000 to combat goth culture in Missouri - $2.2 million to renovate the North Pole (Lucky for Santa!) - $50,000 for a tattoo removal program in California - $1 million for ornamental fish research Funny in some instances and jaw-droppingly stupid and wasteful in others, The Pig Book proves one thing about Capitol Hill: pork is king!
Author: United States. Congress. House. Select Committee on Committees
Publisher:
ISBN:
Category :
Languages : en
Pages : 506
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Book Description
Author: Thomas Brackett Reed
Publisher:
ISBN:
Category : Parliamentary practice
Languages : en
Pages : 244
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Book Description
Author: Christopher J. Deering
Publisher: SAGE
ISBN: 1483304507
Category : Political Science
Languages : en
Pages : 273
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Book Description
Providing a comprehensive examination of the origins, development, and status of committees and committee systems in both the House and Senate, this edition carries on the book′s tradition of comprehensive coverage, empirical richness, and theoretical relevance in its discussion of these essential and distinguishing features of our national legislature. While the second edition focused on the "post-reform" committee systems, addressed the shifts in the internal distribution of power, and hinted at the forces that had already begun to undermine the power of committees, this edition updates that analysis and looks at the reforms that evolvied under the Republicans. It offers complete coverage of the rules and structural changes to the House and Senate committee systems. It extends its discussion of committee power and influence in the context of the "Contract with America," Republican reforms, and the inter-party warfare on Capitol Hill.
Author: Paul Mason
Publisher:
ISBN: 9781580249744
Category : Parliamentary practice
Languages : en
Pages : 804
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Book Description
