The New Fourth Branch
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The New Fourth Branch
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Author : Mark Tushnet
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-31
The New Fourth Branch written by Mark Tushnet and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Law categories.
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.
The Fourth Branch
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Author : Brian J. Cook
language : en
Publisher: University Press of Kansas
Release Date : 2021-04-21
The Fourth Branch written by Brian J. Cook and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-21 with Political Science categories.
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.
The Fourth Branch Of Government
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Author : Jack Trammell
language : en
Publisher:
Release Date : 2016-07-08
The Fourth Branch Of Government written by Jack Trammell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-08 with Political Science categories.
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.
Comparative Constitutional Law
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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Comparative Constitutional Law written by Tom Ginsburg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
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.
Constitutionalism In Context
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Author : David S. Law
language : en
Publisher:
Release Date : 2022-02-09
Constitutionalism In Context written by David S. Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-09 with Law categories.
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Deliberative Democracy In America
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Author : Ethan J. Leib
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Deliberative Democracy In America written by Ethan J. Leib and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Political Science categories.
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.
The New Fourth Branch
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Author : Mark Tushnet
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-02
The New Fourth Branch written by Mark Tushnet and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-02 with Law categories.
Analyses why constitution-designers have come to establish institutions protecting constitutional democracy in modern constitutions.
The Evolution Of The Separation Of Powers
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Author : David Bilchitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
The Evolution Of The Separation Of Powers written by David Bilchitz and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Politics Policy And Organizations
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Author : George A. Krause
language : en
Publisher: University of Michigan Press
Release Date : 2009-12-14
Politics Policy And Organizations written by George A. Krause and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-14 with Business & Economics categories.
This groundbreaking work provides a new and more accurate guide to the interactions of bureaucracies with other political institutions and the public at large."--Jacket.
The New Media
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Author : Michelle Jaconi
language : en
Publisher:
Release Date : 1997
The New Media written by Michelle Jaconi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with categories.