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David W Ichel Professor of Law and Professor of Political Science Neil S Siegel
Author : David W Ichel Professor of Law and Professor of Political Science Neil S Siegel Publisher : Oxford University Press Page : 521 pages File Size : 34,66 MB Release : 2024 Category : Law ISBN : 0197760961
The Collective-Action Constitution discusses how the U.S. Constitution is based on the principles of collective action among states, and how this understanding can provide guidance on addressing the sobering problems facing America today.
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Rather than focusing on why the states did not contribute to the national government under the Articles of Confederation, Collective Action under the Articles of Confederation asks why they, in fact, did - even when they should not have been expected to contribute. Why did states pay large portions of their requisitions to the federal government when problems of collective action and the lack of governmental incentives suggest that they should not have? Using original data on Continental troop movements and federal debt holdings within each state, in this 2001 book, Dougherty shows that states contributed to the national government when doing so produced local gains. Such a theory stands in stark contrast to the standard argument that patriotism and civic duty encouraged state cooperation. Material incentives and local interests bound the union together and explained the push for constitutional reform more than the common pursuit of mutual goals.
A bold argument that constitutional states are not weaker because their powers are divided -- they are often stronger because they solve collective action problems rooted in speech and communication.
A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.
Research and theorizing in collective action and new social movements have grown rapidly since the 1970s. This volume provides some of the best recent work in the field and illustrates the efforts that have been made to develop research strategies which could fit the theoretical and empirical peculiarities of the research object. Examples include both quantitative approaches such as protest event analysis and network analysis; and qualitative approaches like political discourse analysis and life-histories. It also addresses problems of data construction, research design and operationalization.
The separation of powers is an idea with ancient origins, but nowadays it is often relegated to legal doctrine, public philosophy, or the history of ideas. Yet the concept is often evoked in debates on the "war" on terrorism, the use of emergency powers, or constitutional reform. So it is surprising that there have been few attempts to place the study of the separation of powers on a social scientific footing. To that end, this book makes a bold conjecture. It argues that the separation of powers emerged with the spread of literacy, became a central part of constitutional thought in the context of the Gutenberg revolution, and faces unprecedented challenges in our current era of electronic communication. The separation of powers is linked to social-cognitive changes associated with evolving media of communication. The essence of the argument is that constitutional states use texts to coordinate collective action, and they do so by creating governmental agencies with specific jurisdiction and competence over distinct types of power. The first, and most familiar to students of political science since Max Weber, is the power to make decisions backed by legally sanctioned coercion. Cameron highlights two other forms of power: the deliberative power to make procedurally legitimate laws, and the judicial power to interpret and apply laws in particular circumstances. The division of government into three such branches enables state officials and citizens to use written texts-legal codes and documents, including constitutions-along with unwritten rules and conventions to coordinate their activities on larger scales and over longer time horizons. Cameron argues that constitutional states are not weaker because their powers are divided. They are often stronger because they solve collective action problems rooted in speech and communication. The book is a must read for anyone interested in the separation of powers, its origin, evolution, and consequences.
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
'The Constitution in 2020' is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. The book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language.
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.