The Least Examined Branch

Richard W. Bauman is Professor of Law at the University of Alberta where he is also Chair of the Management Board of the Centre for Constitutional Studies. He was educated at the University of Alberta, Dalhousie University, Nova Scotia, and the University of Oxford. His most recent book is Ideology and Community in the First Wave of Critical Legal Studies. He has published in law journals in Canada, the US, and South Africa. Tsvi Kahana is an assistant Professor of Law at Queen's University, Ontario. He has taught courses at the University of Alberta, the University of Toronto, and Tel-Aviv University. His work has been published at The University of Toronto Law Journal, The Journal of Canadian Public Administration, Queen's Law Journal, and The Supreme Court Law Review.

• Foreword Amy Guttman; Introduction Richard W. Bauman and Tsvi Kahana; Part I. Legislatures and Democratic Theory: 1. Principles of legislation Jeremy Waldron; 2. An exact epitome of the people Russell Hardin; 3. Political accountability, proxy accountability, and the democratic legitamacy of legislatures Jane S. Schacter; 4. Constitutionalism, trade legislation, and 'democracy' Chantal Thomas; Part II. Legislating and Deliberating in the Democratic Legislature: 5. Legislative judgment and the enlarged mentality: taking religious perspectives Jennifer Nedelsky; 6. Should we value legislative integrity? Andrei Marmor; 7. Nondelegation principles Cass Sunstein; 8. Populism, the legislative process and the Canadian constitution; Part III. Constitution-making by Legislatures: The Explicit Version: 9. Legislatures as constitutent assemblies Jon Elster; 10. Legislatures and the phases and components of constitutionalism Ruth Gavison; 11. Legislatures and constitutional agnosticism Patricia Hughes; 12. Constitutional amendments and the constitutional common law Adrian Vermeule; Part IV. Constitution-Making by Legislatures: The Implicit Version: 13. What do constitutions do that statutes don't (legally speaking)? Frank I. Michelman; 14. Conditions for framework legislation Elizabeth Garrett; 15. Super-statutes: the new American constitutionalism William N. Eskridge, Jr. and John Ferejohn; Part V. Constitutional Interpretation and Application by the Legislature: 16. Interpretation in legislatures and courts: incentives and institutional design Mark Tushnet; 17. Constitutional engagement 'outside the courts' (and 'inside the legislature'): reflections on professional expertise and the ability to engage in constitutional interpretation Sanford Levinson; 18. Legislation as constitutional interpretation: another dialogue Andrée Lajoie with Cécile Bergada and Éric Gélineau; 19. The constitution and congressional committees: 1971–2000 Keith E. Whittington, Neal Devins and Hutch Hicken; Part VI. Is Legislative Constitutionalism Possible?: 20. Democratic decision-making as the first principle of contemporary constitutionalism Jeremy Webber; 21. Legislative constitutionalism in a system of judicial supremacy Daniel A. Farber; 22. Between supremacy and exclusivity Owen Fiss; 23. Legislatures as rule-followers Frederick Schauer; 24. Popular revolution or popular constitutionalism? Reflections on the constitutional politics of Quebec Secession Sujit Choudhry; Part VII. The Legislatures in Dialogue: Domestic and International Contexts: 25. Disobeying parliament? Privative clauses and the rule of law David Dyzenhaus; 26. Look who's talking now: dialogue theory and the return to democracy Andrew Petter; 27. An international community of legislatures? Daphne Barak-Erez; 28. Legislatures in dialogue with one another: dissent, decisions, and the global polity Heather K. Gerken.

"...This collection helpfully contains pieces from authors who dissent from the chorus of approval of legislative constitutionalism....the book captures an important element in the evolution of the scholarship on constitutionalism. I recommend this book for law and social science libraries, and to advanced students of constitutions in law schools and political science departments." --Thomas M.J. Bateman, St. Thomas University, Fredericton, New Brunswick, Canada, The Law and Politics Book Review