Jump to ContentJump to Main Navigation

You are looking at 1-20 of 39 items for:

  • Keywords: legislatures x
  • Constitutional and Administrative Law x
Clear All Modify Search

View:

The State Legislative Branch

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the fact that state constitutions create a legislative branch that is substantially different from the federal Congress. Most importantly, state legislatures exercise reserved, ... More


Legislative Branch Ethics Reform: More Stringency or More Hypocrisy?

RICHARD W. PAINTER

in Getting the Government America Deserves: How Ethics Reform Can Make a Difference

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195378719
eISBN:
9780199869619
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195378719.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses ethics reform in the legislative branch. House and Senate rules were amended in the Honest Leadership and Open Government Act of 2007 to restrict members' interaction with ... More


A Brief Outline of the Constitution

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter presents a brief outline of the Indian Constitution, starting with the Preamble which sets out the aspirations, hopes, ideals, and results anticipated to be achieved by the people via ... More


The Terms of the Armistice: Basic Features of the Constitution

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0016
Subject:
Law, Constitutional and Administrative Law

Subsequent to the Kesavananda Bharati case, the Supreme Court made occasional exploratory searches to identify the basic features of the Constitution. In Kesavananda itself, Chief Justice Sikri ... More


The Codified Constitution

Adrian Vermeule

in Law and the Limits of Reason

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.003.0006
Subject:
Law, Constitutional and Administrative Law

This concluding chapter argues that constitutional law can and should move from the common-law constitution to the codified constitution. This shift would have two principal components—one ... More


Optimizing Deliberation: Constitutional Issues in Congress

Adrian Vermeule

in Mechanisms of Democracy: Institutional Design Writ Small

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195333466
eISBN:
9780199855384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333466.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the production of constitutional deliberation in legislatures. It argues that constitutional deliberation is a collective good that will be underproduced in legislatures. It ... More


Conclusion

in Polyphonic Federalism: Toward the Protection of Fundamental Rights

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.003.0009
Subject:
Law, Constitutional and Administrative Law

Federalism played a crucial part in the constitutional history of the United States. A federal system of government allowed suspicious states to come together in a union, and it provided the ... More


Executive Legality: Constitutional Background and Current Issues

Terence Daintith and Alan Page

in The Executive in the Constitution: Structure, Autonomy, and Internal Control

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268703
eISBN:
9780191683558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268703.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter briefly reviews the findings of the last three chapters on the key features of executive structure and practice and on legality, before trying to assess their significance. The ... More


Judges and Legislators

Geoffrey Marshall

in Constitutional Theory

Published in print:
1980
Published Online:
March 2012
ISBN:
9780198761211
eISBN:
9780191695148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198761211.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the role of the judiciary in the application of law. It discusses different approaches to statutory interpretation in the United States and Britain. It also describes the two ... More


The Nature of Legislative Intent

Richard Ekins

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646999
eISBN:
9780191741159
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646999.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Is legislative intent 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 ... More


Judicial Salaries from the 1940s to the 1980s

Robert Stevens

in The Independence of the Judiciary: The View from the Lord Chancellor's Office

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198262633
eISBN:
9780191682377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262633.003.0008
Subject:
Law, Constitutional and Administrative Law

The issue of judicial salaries, especially before the passage of the Administration of Justice Act, 1973 — which provided an extra-parliamentary method of raising High Court salaries — highlighted ... More


Accountability of and to the Legislature

Nicholas Bamforth

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0011
Subject:
Law, Constitutional and Administrative Law

Theories concerning the roles of courts and legislatures entail certain assumptions about or explicit views concerning accountability. A traditional political constitutionalist might prioritise ... More


Conclusion

Robert A. Katzmann

in Judging Statutes

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199362134
eISBN:
9780190259846
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199362134.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter concludes the discussion on interbranch relations between two branches of government. Judges with experience in legislature will have a visible edge in interpreting laws consistent with ... More


Respecting Same-Sex Relations

Robert A. Burt

Frank Iacobucci (ed.)

in Justice and Empathy: Toward a Constitutional Ideal

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300224269
eISBN:
9780300231854
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300224269.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter deals with gays and lesbians as another group that was subjected to serious degradation akin to the terrible mistreatment of blacks. It provides a description of the tension between the ... More


Parliamentary Privileges 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0035
Subject:
Law, Constitutional and Administrative Law

This chapter comments on the refusal of Speaker of the Tamil Nadu assembly, R. Muthiah, to follow the orders of the Supreme Court's stay order on the issuance of a warrant of arrest against former ... More


The Speaker on the Law of Defection 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0039
Subject:
Law, Constitutional and Administrative Law

This chapter criticises the June 1993 ruling made by Lok Sabha Speaker Shivraj Patil on the expelled members of the Janata Dal. It argues that Patil's decision to provide separate seats in the Lok ... More


Legal Exclusion in Post-1990 Nepal

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082910
eISBN:
9780199082179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082910.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the role of the 1990 Constitution in the continued exclusion of the marginalized socio-cultural groups in Nepal's legal arena. It discusses the institutionalization of the ... More


Why the Backlash Often Fell Short

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explains why political ignorance accounts for many of the failings of the Kelo backlash. “Rationally ignorant” voters lacked the knowledge needed to differentiate effective reform laws ... More


Each for All, All for Each: Federalism, the Union, and the States

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0030
Subject:
Law, Constitutional and Administrative Law

Broadly, federalism implies the sharing of constituent, political power. India is a union of states, which by law may be reorganized by Parliament. During the subsistence of any proclamation of ... More


John Adams

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter shows President John Adams as one who was strongly committed to the theory of the unitary executive. In 1776, he warned that “the executive power cannot be well managed” by plural bodies ... More


View: