Limiting Government: An Introduction to Constitutionalism
Central European University Press, 01.01.1999 - 292 Seiten
This book discusses the mechanisms to restrict government power through social self-binding, including different forms of the separation of powers and constitutional review. Written in non-technical language and using the most important English, American, French, and German examples of constitutional history, the book also examines East European (in particular, Russian) and Latin American examples, in part to illustrate certain dead-ends in constitutional development.
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42 THE STRUCTURE AND OPERATION OF PARLIAMENT
43 UNICAMERAL VERSUS BICAMERAL SYSTEMS
44 THE LEGISLATIVE PROCESS
THE EXECUTIVE POWER
52 WHO OR WHAT IS THE HEAD OF THE EXECUTIVE?
53 THE PREROGATIVES OF THE EXECUTIVE POWER
54 THE MYTH OF RESPONSIBILITY
55 THE INTERNAL DIVISION OF THE EXECUTIVE POWER
THE TAMING OF DEMOCRACY
22 MAJORITY RULE
23 CONSTITUTIONAL LIMITS TO DEMOCRACY
24 REFERENDUM AND DESTABILIZATION
DANGEROUS LIAISONS CHECKS AND BALANCES AND THE SEPARATION OF POWERS
32 SEPARATION AND DEPENDENCE IN CREATION AND TERMINATION
33 SEPARATE OPERATIONS AND JOINT DECISIONS
34 ADDITIONAL COUNTERBALANCING FACTORS
35 WHEN DOES THE COUNTERWEIGHT BECOME EXCESSIVE WEIGHT?
36 SEPARATION AND FREEDOM
PARLIAMENTARISM AND THE LEGISLATIVE BRANCH
THE RULEOFLAW STATE AND ITS EXECUTORS
62 THE ADMINISTRATION OF JUSTICE
82 DEFINING FUNDAMENTAL RIGHTS
83 WHAT DO FUNDAMENTAL RIGHTS IMPLY?
RECONCILING THE STATE WITH FREEDOM IN CONSTITUTIONALISM
85 WHAT PURPOSE DO FUNDAMENTAL RIGHTS SERVE IF ABUSED?
86 HOW PRECISE SHOULD THE DEFINITION BE?
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Seite 7 - ... there are particular moments in public affairs, when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn.