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Legal theory and methods. Philosophy of law --- United States --- Judicial review --- Law --- Judicial process --- Interpretation and construction --- Judicial review - United States --- Law - United States - Interpretation and construction --- Judicial process - United States --- Etats-Unis --- United States of America
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A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule expl
Constitutional law --- System theory --- Systems, Theory of --- Systems science --- Science --- Philosophy
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In established constitutional polities, Vermeule argues, law can and should - and to some extent already does - provide mechanisms of democracy: small-scale institutional devices and innovations that can have surprisingly large effects, promoting democratic values of impartial, accountable and deliberative government.
Representative government and representation --- Voting --- Democracy --- Judicial process --- Public institutions --- Decision making. --- Government institutions --- Institutions, Public --- Institutions, State --- State institutions --- Associations, institutions, etc.
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Vermeule denies the view that the limits of reason counsel in favour of judges making 'living' constitutional law in the style of the common law. Instead, he proposes and defends a 'codified constitution' - a regime in which legislatures have the primary authority to develop constitutional law over time.
Law --- Methodology. --- Legal reasoning
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Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Administrative agencies --- Administrative discretion --- Judicial review of administrative acts --- Discretion, Administrative --- Discretion (Law) --- Administrative law --- Dispensations (Law) --- Judicial discretion --- Rule of law --- Law and legislation
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The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. It argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls 'optimizing constitutionalism' - in contrast to the worst-case thinking that underpins 'precautionary constitutionalism', a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational distrust of official power that is so prominent in American constitutional history and discourse.
Constitutional law --- Risk management --- Insurance --- Management --- Political aspects --- Constitutional law - United States --- Risk management - Political aspects - United States
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"How America forgot its classical legal tradition and why it should revive it"--
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Democracy --- Judicial process --- Public institutions --- Representative government and representation --- Voting --- Decision making
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#SBIB:328H31 --- #SBIB:35H6030 --- Executive power --- Presidents --- Instellingen en beleid: VSA / USA --- Bestuur en beleid: nationale en regionale studies: Verenigde Staten --- Powers --- United States --- Pouvoir exécutif --- Pouvoir exécutif
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Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done?.
Executive power --- Presidents --- Powers
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