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Author: Kenneth P. Miller Publisher: Cambridge University Press ISBN: 0521765641 Category : Law Languages : en Pages : 287
Book Description
This book analyzes the conflict between two rising powers - direct democracy and the courts. Many voter-approved initiatives are challenged in court after the election and many are invalidated. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.
Author: Kenneth P. Miller Publisher: Cambridge University Press ISBN: 0521765641 Category : Law Languages : en Pages : 287
Book Description
This book analyzes the conflict between two rising powers - direct democracy and the courts. Many voter-approved initiatives are challenged in court after the election and many are invalidated. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.
Author: Mathew Manweller Publisher: Academica Press,LLC ISBN: 1930901976 Category : Law Languages : en Pages : 268
Book Description
This research monograph analyses and describes how initiative elites react to the high level of judicial review of their successfully passed ballot measures and why those reactions are failing to decrease the number of judicial nullifications. For the last 30 years, state ballot measures that have passed and been challenged in court have been nullified at the ration of 1 out of 2. As a result of a 50% rate of nullification initiative elites have benefited from institutional learning and have become more sophisticated and politically savvy. However the nullification have hardly plummeted. The work explains why and posits other legal and political actions that may be possible for the ballot winners and their supporters.
Author: Shauna Reilly Publisher: Routledge ISBN: 0415537274 Category : Education Languages : en Pages : 256
Book Description
Experts assess the connection between characteristics of petitioners, how they are able to influence their communities beyond the ballot box and how large an influence they are on specific areas of policy.
Author: Michael N Mautner, Ph. D. Publisher: Legacy Books ISBN: 0473068559 Category : Political Science Languages : en Pages : 217
Book Description
All people share the basic needs of survival and the social drives embedded in human nature. Survival demands sustenance, safety and procreation; and the social drives demand dignity, justice and freedom. These shared values emerge when the common will is distilled from the diverse wills of people. Where this communal wisdom governs, human dignity will be honored and our survival will be secure. This book describes a system of pure democracy where all major decision are done through referendums and statistically meaningful public opinion polls. The policies are then executed by expert agencies with oversight from public policy panels. The book also describes transition to Direct Democracy through Representatives pledged to "I shall vote in Congress or Parliament according to the instructions of my constituents."
Author: Glen Krutz Publisher: ISBN: 9781738998470 Category : Languages : en Pages : 0
Book Description
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.
Author: Henry S. Noyes Publisher: ISBN: 9781611632767 Category : Recall Languages : en Pages : 0
Book Description
To access the 2014-15 supplement, click here. The Law Of Direct Democracy is the first casebook on direct democracy. This book uses state and federal judicial opinions, the text of ballot initiatives, statutes and constitutional provisions to compare and contrast the various state laws that govern the ballot initiative, the referendum and the recall. This book also contemplates the role of interest groups, voters, courts and elected officials and examines their ability to utilize, influence and limit the initiative process. It provides students and instructors both the information they need to learn the law of direct democracy and the tools to pursue further inquiry on discrete topics of interest. "Henry Noyes' comprehensive and detailed tome The Law of Direct Democracy is a thorough and meticulous study of all the practical issues pertaining to direct democracy. Limited to the US--where roughly half of the states have provisions for direct democracy--Noyes cites and analyses the major court cases and provides extracts to the major documents debating and challenging direct democracy, such as the Federalist Papers. The book gives a sober--and realistic--overview of the pros and cons of having a system that allows the voters to vote directly on laws. This book is not a polemic and nor does it take sides. It merely presents the facts and the 'law of direct democracy'. This is a valuable book and the sections on the 'recall' especially will provide interesting examples--and ammunition--for those who claim that the recall would lead to political chaos. This book may not become a run-away bestseller, but it is a valuable volume for those who have a scholarly interest in referendums." -- Matt Qvortrup, Political Studies Review "The current volume gathers together many of the 'hot topics' with respect to direct democracy in the United States. It is an eye-opening account (truncated for space reasons) of all the court cases that make up case law for direct democracy.... For those wanting to pursue a political voice that grows louder each year, this volume provides a useful filter to those issues. The summaries of the cases are easy to read and informative..." -- Mark Y. Herring, American Reference Books Annual 2015 and ARBAonline "The law relating to initiatives and referendums, though of great importance, is seldom taught in law schools and seldom studied by lawyers. With his excellent casebook on direct democracy, Professor Noyes has filled an important need." -- Dr. Joseph R. Grodin, Distinguished Emeritus Professor of Law, UC Hastings College of the Law; Former Associate Justice, California Supreme Court
Author: Chris Micheli Publisher: ISBN: 9781792466786 Category : Direct democracy Languages : en Pages : 566
Book Description
This casebook examines the initiative, referendum and recall. In each of the three sections of the casebook, we begin with an overview of the relevant law (both constitutional and statutory), followed by an explanation of the process, and then look at data provided by the California Secretary of State. There are a myriad of court decisions in California addressing legal issues that have arisen over the more than one hundred years these forms of direct democracy have existed in this state. The court decisions used in this casebook were chosen because they help explain the relevant law and provide a helpful analysis of the legal issues the court faced. After each decision, as well as with several sections of the explanatory materials, there are notes and questions provided to stimulate further thought and discussion of key legal issues raised. -- from publisher.
Author: Ethan J. Leib Publisher: Penn State Press ISBN: 9780271045290 Category : Political Science Languages : en Pages : 188
Book Description
We are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.
Author: Kenneth P. Miller
Author: Kenneth P. Miller
Author: Kenneth P. Miller
Author: Mathew Manweller
Author: Shauna Reilly
Author: Michael N Mautner, Ph. D.
Author: Glen Krutz
Author: Henry S. Noyes
Author: Chris Micheli
Author: David Altman
Author: Ethan J. Leib