The Fourth Branch
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Author | : Mark Tushnet |
Publisher | : Cambridge University Press |
Total Pages | : 197 |
Release | : 2021-08-31 |
Genre | : Law |
ISBN | : 1009058312 |
Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.
Author | : Brian J. Cook |
Publisher | : University Press of Kansas |
Total Pages | : 292 |
Release | : 2021-04-21 |
Genre | : Political Science |
ISBN | : 0700632077 |
In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state. By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.
Author | : Jack Trammell |
Publisher | : |
Total Pages | : 178 |
Release | : 2016-07-08 |
Genre | : Political Science |
ISBN | : 9781939930743 |
With the explosion of social media and the Internet, practically everyone in America has instant access to the news and a greater ability to follow what is happening anywhere. As a result, we are a culture and a nation that is bombarded with information. However, we are coping poorly with that assault and using an outdated framework for our governance. Many people feel disconnected from the very mechanisms and people who are supposed to represent their interests.'The Fourth Branch of Government' is about updating the framework of our democracy. It is a movement whose time has come, and one that the Founding Fathers envisioned. This book outlines a roadmap for how change can be facilitated, as well as a rationale for why it is absolutely necessary and urgent. The only way to update our democracy and make it relevant to the 21st century is to call for a Constitutional Convention. In that forum, we can consider changes like eliminating the Electoral College, or implementing e-voting--perhaps even changes leading to a broader and more direct participation in our governance, the Fourth Branch of Government.
Author | : Tom Ginsburg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 681 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 0857931210 |
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author | : Ethan J. Leib |
Publisher | : Penn State Press |
Total Pages | : 188 |
Release | : 2010-11-01 |
Genre | : Political Science |
ISBN | : 9780271045290 |
We are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.
Author | : Paul Tucker |
Publisher | : Princeton University Press |
Total Pages | : 662 |
Release | : 2019-09-10 |
Genre | : Business & Economics |
ISBN | : 0691196303 |
Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.
Author | : Bartholomew H. Sparrow |
Publisher | : JHU Press |
Total Pages | : 308 |
Release | : 1999-05-04 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780801860362 |
The news media are often seen as a fourth branch of government, serving as a check on the other three. This text argues that this is a mistaken notion: the media's decisions affect the government's policy making, as well as the processes and outcomes of the political system.
Author | : Nigel Bowles |
Publisher | : Palgrave Macmillan |
Total Pages | : 414 |
Release | : 1993 |
Genre | : Political Science |
ISBN | : 9780312102067 |
Revised and updated with a new chapter on urban politics and full coverage of the Clinton administration, Government and Politics of the United States provides a broad-ranging, systematic and sophisticated introduction to the contemporary institutions and processes of government in the USA set in a clear historical context.
Author | : Us Congress |
Publisher | : Independently Published |
Total Pages | : 230 |
Release | : 2021-01-19 |
Genre | : |
ISBN | : |
The Plum Book is published by the Senate Committee on Homeland Security and Governmental Affairs and House Committee on Oversight and Reform alternately after each Presidential election. The Plum Book is used to identify Presidential appointed and other positions within the Federal Government. The publication lists over 9,000 Federal civil service leadership and support positions in the legislative and executive branches of the Federal Government that may be subject to noncompetitive appointment. The duties of many such positions may involve advocacy of Administration policies and programs and the incumbents usually have a close and confidential working relationship with the agency head or other key officials. The Plum Book was first published in 1952 during the Eisenhower administration. When President Eisenhower took office, the Republican Party requested a list of government positions that President Eisenhower could fill. The next edition of the Plum Book appeared in 1960 and has since been published every four years, just after the Presidential election.
Author | : Glen Krutz |
Publisher | : |
Total Pages | : 0 |
Release | : 2023-05-12 |
Genre | : |
ISBN | : 9781738998470 |
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.