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Comparative Multidisciplinary Perspectives on Omnibus Legislation
This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through ...
Legislated Rights
Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.
The Reasoning State
Develops a theory of the modern state based on trust, drawing on Law, History and Social Science.
Dressing Constitutionally
This book examines the rights to expression and equality, and the restraints on government power, as they both limit and allow control of our personal choices.
Theory and Practice in Essene Law
This book offers a novel approach for the study of law in the Judean Desert Scrolls, using the prism of legal theory. Following a couple of decades of scholarly consensus withdrawing from the "Essene hypothesis," it proposes to revive the term, and suggests employing it for the sectarian movement as a whole, while considering the group that lived in Qumran as the Yahad. It further proposes a new suggestion for the emergence of the Yahad, based on the roles of the Examiner and the Instructor in the two major legal codes, the Damascus Document and the Community Rule. The understanding of Essene law is divided into concepts and practices, in order to emphasize the discrepancy between creed, rhe...
Democratic Theory Naturalized
To some, the word populism suggests the tyranny of the mob; to others, it suggests a xenophobic nativism. It is often even considered conducive to (if not simply identical to) fascism. In Democratic Theory Naturalized: The Foundations of Distilled Populism, Walter Horn uses his theory of "CHOICE Voluntarism” to offer solutions to some of the most perplexing problems in democratic theory and distill populism to its core premise: giving people the power to govern themselves without any constraints imposed by those on the left or the right. Beginning with explanations of what it means to vote and what makes one society better off than another, Horn analyzes what makes for fair aggregation and appropriate, deliberative representation. Through his examination of the American government, Horn suggests solutions to contemporary problems such as gerrymandering, immigration control, and campaign finance, and offers answers to age-old questions like why dissenters should obey the majority and who should have the right to vote in various elections.
Trust, Courts and Social Rights
Proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government.
Constraining the Court
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
Due Process of Lawmaking
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
The Equilibrium of Parliamentary Law-making
This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of...
