The Least Examined Branch
The Role of Legislatures in the Constitutional State

This book addresses the role of legislatures in constitutional democracies.

Richard W. Bauman (Edited by), Tsvi Kahana (Edited by)

9780521676823, Cambridge University Press

Paperback, published 14 August 2006

616 pages, 1 table
23.4 x 15.6 x 3.5 cm, 0.94 kg

"...This collection helpfully contains pieces from authors who dissent from the chorus of approval of legislative constitutionalism....the book captures an important element in the evolution of the scholarship on constitutionalism. I recommend this book for law and social science libraries, and to advanced students of constitutions in law schools and political science departments."
--Thomas M.J. Bateman, St. Thomas University, Fredericton, New Brunswick, Canada, The Law and Politics Book Review

Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.

Foreword Amy Guttman
Introduction Richard W. Bauman and Tsvi Kahana
Part I. Legislatures and Democratic Theory: 1. Principles of legislation Jeremy Waldron
2. An exact epitome of the people Russell Hardin
3. Political accountability, proxy accountability, and the democratic legitamacy of legislatures Jane S. Schacter
4. Constitutionalism, trade legislation, and 'democracy' Chantal Thomas
Part II. Legislating and Deliberating in the Democratic Legislature: 5. Legislative judgment and the enlarged mentality: taking religious perspectives Jennifer Nedelsky
6. Should we value legislative integrity? Andrei Marmor
7. Nondelegation principles Cass Sunstein
8. Populism, the legislative process and the Canadian constitution
Part III. Constitution-making by Legislatures: The Explicit Version: 9. Legislatures as constitutent assemblies Jon Elster
10. Legislatures and the phases and components of constitutionalism Ruth Gavison
11. Legislatures and constitutional agnosticism Patricia Hughes
12. Constitutional amendments and the constitutional common law Adrian Vermeule
Part IV. Constitution-Making by Legislatures: The Implicit Version: 13. What do constitutions do that statutes don't (legally speaking)? Frank I. Michelman
14. Conditions for framework legislation Elizabeth Garrett
15. Super-statutes: the new American constitutionalism William N. Eskridge, Jr. and John Ferejohn
Part V. Constitutional Interpretation and Application by the Legislature: 16. Interpretation in legislatures and courts: incentives and institutional design Mark Tushnet
17. Constitutional engagement 'outside the courts' (and 'inside the legislature'): reflections on professional expertise and the ability to engage in constitutional interpretation Sanford Levinson
18. Legislation as constitutional interpretation: another dialogue Andrée Lajoie with Cécile Bergada and Éric Gélineau
19. The constitution and congressional committees: 1971–2000 Keith E. Whittington, Neal Devins and Hutch Hicken
Part VI. Is Legislative Constitutionalism Possible?: 20. Democratic decision-making as the first principle of contemporary constitutionalism Jeremy Webber
21. Legislative constitutionalism in a system of judicial supremacy Daniel A. Farber
22. Between supremacy and exclusivity Owen Fiss
23. Legislatures as rule-followers Frederick Schauer
24. Popular revolution or popular constitutionalism? Reflections on the constitutional politics of Quebec Secession Sujit Choudhry
Part VII. The Legislatures in Dialogue: Domestic and International Contexts: 25. Disobeying parliament? Privative clauses and the rule of law David Dyzenhaus
26. Look who's talking now: dialogue theory and the return to democracy Andrew Petter
27. An international community of legislatures? Daphne Barak-Erez
28. Legislatures in dialogue with one another: dissent, decisions, and the global polity Heather K. Gerken.

Subject Areas: Constitutional & administrative law [LND], Jurisprudence & general issues [LA], Law [L]