The Least Examined Branch

The Role of Legislatures in the Constitutional State

The Least Examined Branch
  • Edited by Richard W. Bauman

    Edited by Tsvi Kahana

  • Publisher: Cambridge University Press

    Online Publication Date:August 2009

    Online ISBN:9780511511035

    Hardback ISBN:9780521859547

    Paperback ISBN:9780521676823

  • Book DOI:

    Subjects: Jurisprudence

Unlike most works in constitutional theory, which focus on the role of the courts, this book, first published in 2006, addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.


"...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