Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Modern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.
Parliamentary theory, practices, discourses, and institutions constitute a distinctively European contribution to modern politics. Taking a broad historical perspective, this cross-disciplinary, innovative, and rigorous collection locates the essence of parliamentarism in four key aspects—deliberation, representation, responsibility, and sovereignty—and explores the different ways in which they have been contested, reshaped, and implemented in a series of representative national and regional case studies. As one of the first comparative studies in conceptual history, this volume focuses on debates about the nature of parliament and parliamentarism within and across different European countries, representative institutions, and genres of political discourse.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
This book offers a comprehensive overview of the role of parliamentary administrations in the control of European Union policy-making. It questions whether the decision to give parliaments greater powers in the aftermath of the Lisbon Treaty had only the intended effect of political debate on European policies, or whether it has also resulted in the bureaucratisation of parliaments. The authors argue that the challenges of information-management faced by parliaments lead them to delegate an extensive set of tasks to their administrations. They offer a broad empirical picture, analysing the challenges faced by national parliaments and the role and response of their administrations in the case of the European Parliament, national parliaments and regional parliaments. In addition, the book studies the interaction between different administrations and their contribution to interparliamentary cooperation. It presents a new and different perspective on the challenges and dynamics of multi-level parliamentarism.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.