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Author: Will Bateman Publisher: Cambridge University Press ISBN: 1108800734 Category : Law Languages : en Pages : 283
Book Description
Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-à-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.
Author: Will Bateman Publisher: Cambridge University Press ISBN: 1108800734 Category : Law Languages : en Pages : 283
Book Description
Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-à-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.
Author: Rick Stapenhurst Publisher: World Bank Publications ISBN: 0821376128 Category : Business & Economics Languages : en Pages : 362
Book Description
In most countries, parliament has the constitutional mandate to both oversee and hold government to account. In light of the increased focus on good governance, academics and legislative strengthening practitioners are re-examining parliament's oversight function with a view to increasing public financial accountability, curbing corruption, and contributing to poverty reduction. This volume brings together research from many different perspectives and many different legislative settings worldwide. As the country case studies in section III demonstrate, the accountability mechanisms or oversight tools available to the legislature vary based on constitutionally defined powers of the legislature, institutional arrangements between the branches of government, divisions of authority between national, regional, and local governments, the degree of legitimacy conferred on the legislature, and the resources available to it. The budget process provides critical opportunities. Section II of this volume is devoted to examining budget oversight from the formulation and approval of the budget, to implementation and the ex post examination of the public accounts. Special attention is also paid to mechanisms to assist parliaments such as Public Accounts Committees and independent parliamentary budget offices. This title will be of interest to parliamentarians and parliamentary staff, legislative strengthening practitioners, and students of legislative development.
Author: Donald Stabile Publisher: Praeger ISBN: Category : Business & Economics Languages : en Pages : 232
Book Description
An examination of an early version of the debate over money, debt, and taxes sheds light on current debates regarding public finance, a balanced budget, and paying off the public debt. Stabile shows that while special interest lobbying during the constitutional convention produced tax loopholes as part of the Constitution, determined leaders were able to get a reluctant population used to paying taxes and were capable of putting together plans of public finance that attained their goals. Such historical evidence challenges the view that political leaders are incapable of passing the unpopular taxes needed to balance the federal government's budget and pay off the public debt. Taking a political economy approach that describes how political leaders took economic ideas and made them work, this book combines intellectual history with economic history. Previous books on public finance history have focused on economic issues regarding taxes. Exploring the intellectual history of the debates over money, debt, and taxes as the three potential forms of public finance, Stabile provides insight into the constitutional debate alive at the end of the 20th century.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 1107020565 Category : Law Languages : en Pages : 407
Book Description
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author: Benjamin B Saunders Publisher: Bloomsbury Publishing ISBN: 1509955801 Category : Law Languages : en Pages : 271
Book Description
This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.
Author: Charles Howard McIlwain Publisher: The Lawbook Exchange, Ltd. ISBN: 1584775505 Category : Constitutional history Languages : en Pages : 172
Book Description
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author: Bulmer, W. Publisher: Policy Press ISBN: 1529200660 Category : Political Science Languages : en Pages : 302
Book Description
Constitutional scholar Elliot Bulmer considers what Britain might learn from Westminster-derived constitutions around the world. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, this book builds to a bold re-imagining of the United Kingdom’s future written framework.
Author: Mark Elliott Publisher: Cambridge University Press ISBN: 1107029759 Category : Law Languages : en Pages : 295
Book Description
A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.
Author: Anna Chadwick Publisher: Taylor & Francis ISBN: 1000653617 Category : Law Languages : en Pages : 197
Book Description
This interdisciplinary collection examines the significance of constitutions in setting the terms and conditions upon which market economies operate. With some important exceptions, most notably from the tradition of Latin American constitutionalism, scholarship on constitutional law has paid negligible attention to questions of how constitutions relate to economic phenomena. A considerable body of literature has debated the due limits of the exercise of executive and legislative power, and discussions about legitimacy, democracy, and the adjudication of rights (civil and political, and socioeconomic) abound, yet scant attention has been paid by constitutional lawyers to the ways in which constitutions may protect and empower economic actors, and to how constitutions might influence the regulation and governance of specific markets. The contributors to this collection mobilize insights from other disciplines – including economic theory, history, and sociology – and consider the relationship between constitutional frameworks and bodies of law – including property law, criminal law, tax law, financial regulation, and human rights law – to advance understanding of how constitutions relate to markets and to the political economy. This book’s analysis of the role constitutions play in shaping markets will appeal to scholars and students in law, economics, history, politics, and sociology.
Author: Will Bateman
Author: Will Bateman
Author: Rick Stapenhurst
Author: Donald Stabile
Author: Graham Charles Hockley
Author: Tom Ginsburg
Author: Benjamin B Saunders
Author: Charles Howard McIlwain
Author: Bulmer, W.
Author: Mark Elliott
Author: Anna Chadwick