He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.

Currently, parliament as a political institution does not enjoy the best reputation. This book aims to recover less known political resources of the parliamentary mode of proceeding. The parliamentary procedure relies on regulating debates in a fair way and on constructing opposed perspectives on the agenda items. The British House of Commons provides the closest historical approximation for the parliamentary ideal type of politics. This book deals with the formation and conceptual change in the Westminster procedure, based on the way they are interpreted in the tracts on procedure. The tracts illustrate the changing parliamentary self-understanding from the 1570s to the present and the growing political role of procedural disputes. The parliamentary style of politics, as discussed in the tracts, can be divided into two genres: the politics of agenda-setting and the politics of debate. The book analyses their formation and overall conceptual change as well as the procedural responses to the increasingly scarce parliamentary time from the period after the 1832 parliamentary reform. It insists that in spite of claims on urgency and on government’s leadership the procedural resources of the House of Commons contribute to maintaining the debate-centred parliamentary style of politics.

This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.

Political leadership has made a comeback. It was studied intensively not only by political scientists but also by political sociologists and psychologists, Sovietologists, political anthropologists, and by scholars in comparative and development studies from the 1940s to the 1970s. Thereafter, the field lost its way with the rise of structuralism, neo-institutionalism, and rational choice approaches to the study of politics, government, and governance. Recently, however, students of politics have returned to studying the role of individual leaders and the exercise of leadership to explain political outcomes. The list of topics is nigh endless: elections, conflict management, public policy, government popularity, development, governance networks, and regional integration. In the media age, leaders are presented and stage-managed--spun--DDLas the solution to almost every social problem. Through the mass media and the Internet, citizens and professional observers follow the rise, impact, and fall of senior political officeholders at closer quarters than ever before. This Handbook encapsulates the resurgence by asking, where are we today? It orders the multidisciplinary field by identifying the distinct and distinctive contributions of the disciplines. It meets the urgent need to take stock. It brings together scholars from around the world, encouraging a comparative perspective, to provide a comprehensive coverage of all the major disciplines, methods, and regions. It showcases both the normative and empirical traditions in political leadership studies, and juxtaposes behavioural, institutional, and interpretive approaches. It covers formal, office-based as well as informal, emergent political leadership, and in both democratic and undemocratic polities.

This fully revised new edition includes expanded coverage of Parliament's relationship with the courts, devolved assemblies and the European Union. Distinctively, the book goes beyond the usual focus of Parliament-Government relations to encompass policy-makers beyond Whitehall and Parliament's broader relationship with citizens.

The Oxford Handbook of Public Choice provides a comprehensive overview of the research in economics, political science, law, and sociology that has generated considerable insight into the politics of democratic and authoritarian systems as well as the influence of different institutional frameworks on incentives and outcomes. The result is an improved understanding of public policy, public finance, industrial organization, and macroeconomics as the combination of political and economic analysis shed light on how various interests compete both within a given rules of the games and, at times, to change the rules. These volumes include analytical surveys, syntheses, and general overviews of the many subfields of public choice focusing on interesting, important, and at times contentious issues. Throughout the focus is on enhancing understanding how political and economic systems act and interact, and how they might be improved. Both volumes combine methodological analysis with substantive overviews of key topics. This second volume examines constitutional political economy and also various applications, including public policy, international relations, and the study of history, as well as methodological and measurement issues. Throughout both volumes important analytical concepts and tools are discussed, including their application to substantive topics. Readers will gain increased understanding of rational choice and its implications for collective action; various explanations of voting, including economic and expressive; the role of taxation and finance in government dynamics; how trust and persuasion influence political outcomes; and how revolution, coups, and authoritarianism can be explained by the same set of analytical tools as enhance understanding of the various forms of democracy.

Legislatures are arguably the most important political institution in modern democracies. The Oxford Handbook of Legislative Studies, written by some of the most distinguished legislative scholars in political science, provides a comprehensive and up-to-date description and critical assessment of the state of the art in this key area.

This volume is a very interesting research project that includes the most careful work on constitutional power and limits to authority of which I am aware. In general, the contributors find that constitutional negotiations normally took place in settings where uncertainty was considerable. They also find that the more detailed the characterization of power relationships, the more liberal and durable the democracy tends to be. Roger D. Congleton This book addresses the issue of the impact of uncertainty in constitutional design. To what extent do constitution drafters and adopters make their decisions behind a veil of ignorance? More fundamentally, can we infer from constitutional texts the degree of uncertainty faced by constitution drafters and adopters? After an introduction (chapter 1), the book proceeds in two parts. The first part (chapters 2 to 4) introduces to the intellectual filiation of the project and to its theoretical and methodological foundations. The second part (chapters 5 to 13) presents nine case studies built on the same structure: historical account of the making of the Constitution, results of the content analysis of the constitutional text, and discussion of specific issues raised in the analysis. Chapter 14 concludes.