Limiting Government: An Introduction to ConstitutionalismCentral European University Press, 1999. 1. 1. - 292페이지 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 | 121 |
43 UNICAMERAL VERSUS BICAMERAL SYSTEMS | 149 |
44 THE LEGISLATIVE PROCESS | 155 |
THE EXECUTIVE POWER | 173 |
52 WHO OR WHAT IS THE HEAD OF THE EXECUTIVE? | 175 |
53 THE PREROGATIVES OF THE EXECUTIVE POWER | 183 |
54 THE MYTH OF RESPONSIBILITY | 194 |
55 THE INTERNAL DIVISION OF THE EXECUTIVE POWER | 198 |
THE TAMING OF DEMOCRACY | 49 |
22 MAJORITY RULE | 55 |
23 CONSTITUTIONAL LIMITS TO DEMOCRACY | 57 |
24 REFERENDUM AND DESTABILIZATION | 64 |
DANGEROUS LIAISONS CHECKS AND BALANCES AND THE SEPARATION OF POWERS | 69 |
32 SEPARATION AND DEPENDENCE IN CREATION AND TERMINATION | 77 |
33 SEPARATE OPERATIONS AND JOINT DECISIONS | 89 |
34 ADDITIONAL COUNTERBALANCING FACTORS | 94 |
35 WHEN DOES THE COUNTERWEIGHT BECOME EXCESSIVE WEIGHT? | 97 |
36 SEPARATION AND FREEDOM | 99 |
PARLIAMENTARISM AND THE LEGISLATIVE BRANCH | 103 |
THE RULEOFLAW STATE AND ITS EXECUTORS | 205 |
62 THE ADMINISTRATION OF JUSTICE | 218 |
CONSTITUTIONAL ADJUDICATION | 225 |
FUNDAMENTAL RIGHTS | 245 |
82 DEFINING FUNDAMENTAL RIGHTS | 255 |
83 WHAT DO FUNDAMENTAL RIGHTS IMPLY? | 271 |
RECONCILING THE STATE WITH FREEDOM IN CONSTITUTIONALISM | 277 |
85 WHAT PURPOSE DO FUNDAMENTAL RIGHTS SERVE IF ABUSED? | 283 |
86 HOW PRECISE SHOULD THE DEFINITION BE? | 286 |
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accepted According administration amendment American appointed Assembly authority Belgian Constitution branches of power British budget cabinet checks and balances citizens committees Congress consti Constitution of 1958 Constitutional Court constitutionalism debate decisions Declaration delegation democracy democratic determine dissolve elected electoral equal executive branch executive power exercise federal freedom French Constitution function fundamental rights German Basic Law German Constitutional Court government's guarantee human rights Hungarian Constitution independent individual institution issue judges justice legislative power legislature liberties limits majority mandate matters means ment minority nation no-confidence organs parlia parliament parliamentary systems party person political popular popular sovereignty practice president presidential presidential system prevail prime minister principle procedure protection referendum regulations representation representatives Republic responsibility restricted role Rousseau rule of law Sajó separation of powers social sovereignty state's Supreme Court theory tion tional tradition tutional U.S. Congress U.S. Constitution unconstitutional violated vote Weimar Constitution
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30 페이지 - Extend the sphere, and you take in a greater variety of parties and interests ; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens...
129 페이지 - That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.
110 페이지 - Parliament is not a congress of ambassadors from different and hostile interests ; which interests each must maintain, as an agent and advocate, against other agents and advocates ; but parliament is a deliberative assembly of one nation, with one interest, that of the whole ; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole.
30 페이지 - By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.
7 페이지 - ... 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.
103 페이지 - Your representative owes you, not his industry only, but his judgment ; and he betrays, instead of serving you, if he sacrifices it to your opinion.