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• African Legislatures and the ""Third Wave"" of Democratization - J.D. Barkan. Kenya's Tortuous Path to Successful Legislative Development - J.D. Barkan and F. Matiangi. The Rise and Ebb of Uganda's No-Party Parliament - N. Kasfir and S.H. Twebaze. Benin: Legislative Development in Africa's First Democratizer - L. Adamolekun and M. Laleye. Cooptation Despite Democratization in Ghana - S.I. Lindberg with Y. Zhou. Rules and Rents in Nigeria's National Assembly - P.M. Lewis. South Africa: Emerging Legislature or Rubber Stamp? - J.D. Barkan. Conclusion - J.D. Barkan.
• (source: Nielsen Book Data)

A puzzle underpins this groundbreaking study of legislative development in Africa: Why are variations in the extent of legislative authority and performance across the continent only partially related, if at all, to the overall level of democratization? And if democratization is not the prime determinant of legislative authority, what is? Exploring the constraints that have retarded the development and power of legislatures across Africa - and how members of some legislatures are breaking free of those constraints - the authors shed new light on the impact of the legislative branch on the political process in six emerging African democracies. This is a groundbreaking study of the development and impact of legislative authority in emerging African democracies.
(source: Nielsen Book Data)

• List of Illustrations Acknowledgments Introduction: The Making of a Concept
• 1. Sexual Harassment Law on the Books: Opportunity Loss v. Violence
• 2. Sexual Harassment Law in Action: Legitimacy and Liability
• 3. Sexual Harassment in the Press: National Scandal, Pride, or Superiority?
• 4. Discrimination, Violence, Professionalism, and the Bottom Line: How Interview Respondents Frame Sexual Harassment Conclusion: Institutions, Framing, and Political Power Epilogue: Plus ca change, plus c'est la meme chose Appendix: Methodological Details Notes Bibliography Index.
• (source: Nielsen Book Data)

In France, a common notion is that the shared interests of graduate students and their professors could lead to intimate sexual relations, and that regulations curtailing those relationships would be both futile and counterproductive. By contrast, many universities and corporations in the United States prohibit sexual relationships across hierarchical lines and sometimes among coworkers, arguing that these liaisons should have no place in the workplace. In this age of globalization, how do cultural and legal nuances translate? And when they differ, how are their subtleties and complexities understood? In comparing how sexual harassment - a concept that first emerged in 1975 - has been defined differently in France and the United States, Abigail Saguy explores not only the social problem of sexual harassment but also the broader cultural concerns of cross-national differences and similarities.
(source: Nielsen Book Data)

• Ch.
• 1. Introduction
• Ch.
• 2. Beliefs, Behavior, and Narratives
• Ch.
• 3. The Critic's Narrative
• Ch.
• 4. The Supporter's Narrative
• Ch.
• 5. The Ambivalent's Narrative
• Ch.
• 6. How the Narratives Play Out: Three Bills
• Ch.
• 7. Beliefs and the Influences on Legislative Behavior
• Ch.
• 8. Endings
• App. A: Contexts: State Demographics, Political Climate, Recent Political History, and the State Senators
• App. B: Additional Notes on Methods
• App. C: The Interview Schedule.

An intriguing look into the minds of legislators.
(source: Nielsen Book Data)

• 1 Introduction I. The Relevant Scenarios II. Definitional Difficulties III. The Original Legal Entrenchment of the Doctrine and the Underlying Rationale IV. The Possibility of General Principles and Interpretational Methodology V. The Purposive Nature of The Separation of Powers Doctrine VI. The Problem of Definition and the Formalist Approach VII. Core Branch Functions?
• 2 Legislative Interference in the Pending Case Scenario: The Foundation of Principle and the Australian Position I. Introduction II. The Australian Constitutional Position and the Early Australian Constitutional Scholars III. Early Development of Principle by the High Court IV. The Foundation of a Discrete Set of Principles Governing the Pending Case Scenario: Liyanage v R V. Consolidation of Principle Post-Liyanage VI. The Direction Rule at the Crossroads: Nicholas v The Queen VII. The Uncertain Status of the Direction Principle in Australia
• 3 Legislative Interference with Judicial Functions: The Jurisprudence of the United States, Evaluation of Principle, and Towards Resolution I. Introduction II. The Emergence of the Changed Law Rule and the Direction Principle in the United States III. Klein and Its Uncertain Meaning IV. Hart's Thesis and the United States Foundation of the Direction Principle V. The Decline of the Direction Rule: The Robertson Case VI. Robertson's Uncertain Legacy: Plaut v Spendthrift Farm Inc VII. Klein Qualified, Overruled or Misinterpreted? Miller v French VIII. The Schiavo Litigation IX. Further Confirmation of the Direction Principle X. General Conclusions on the Separation of Powers and the Pending Case Scenario XI. Towards a Resolution XII. A Reformulated Direction Principle XIII. Speculative Propositions XIV. Conclusion
• 4 The Separation of Powers and Final Judgments: Defining the Principle Limiting Legislative Revision of Final Judgments I. Introduction and Definition of Final Judgment II. Reflections on Finality Where the Separation Doctrine is Not Entrenched III. A Middle Case: India IV. Early Australian Commentary on the Constitutional Protection of Final Judgments V. The Current Australian Position VI. Qualifications VII. A Reinforcement of Australian Jurisprudence: The Irish Position on Final Judgments VIII. The United States Supreme Court and Final Judgments IX. The Wheeling Bridge Qualification X. The Development and Consolidation of Principle by the United States Supreme Court XI. The Inviolability Principle Tested: Miller v French XII. Conclusion
• 5 Qualifications to the Inviolability of Final Judgments and Final Summation I. Introduction II. The Wheeling Bridge Qualification, the Regulation of Public Rights and 'Conditional' Final Judgments III. The Waiver Qualification IV. Conclusions on the Final Case Scenario
• 6 Protections Afforded Decisional Independence in Jurisdictions without an Entrenched Separation of Powers I. Introduction II. The United Kingdom and the Separation of Powers III. The European Convention on Human Rights IV. The United Kingdom, the ECHR and the Human Rights Act
• 1998. V. Canons of Statutory Intepretation
• 7 Conclusion.
• (source: Nielsen Book Data)

This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).
(source: Nielsen Book Data)

This book reconstructs the fascinating but obscure history of the Eleventh Amendment to the US Constitution, which limits the exercise of US judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction: by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction.

• Contents
• Acknowledgments
• 1 Introduction
• 2 The Evolution of Reasonable Limits on Rights
• 3 Approaches to Limits
• 4 The Supreme Court on
• Section 1
• 5 Judicial Review and Democracy
• 6 Rights and Federalism
• 7 Conclusions
• Notes
• Index
• A
• B
• C
• D
• E
• F
• G
• H
• I
• J
• K
• L
• M
• N
• O
• P
• Q
• R
• S
• T
• U
• V
• W
• Y

Through an extended analysis of Supreme Court decisions involving limits on protected rights, Hiebert explores the issues surrounding judicial review. She explores how difficult it is for judges to determine the reasonableness of legislative initiatives and examines the considerable influence exerted by Canadian politicians in decisions about which legislative activities will be considered justifiable limits on protected rights. Politicians have, in other words, helped define the very constraints that the Charter was intended to impose on them. Limiting Rights sheds light on one of the most contentious issues in a political system with entrenched rights.
(source: Nielsen Book Data)

• Contents
• Acknowledgments
• 1 Introduction
• 2 The Evolution of Reasonable Limits on Rights
• 3 Approaches to Limits
• 4 The Supreme Court on
• Section 1
• 5 Judicial Review and Democracy
• 6 Rights and Federalism
• 7 Conclusions
• Notes
• Index
• A
• B
• C
• D
• E
• F
• G
• H
• I
• J
• K
• L
• M
• N
• O
• P
• Q
• R
• S
• T
• U
• V
• W
• Y

Through an extended analysis of Supreme Court decisions involving limits on protected rights, Hiebert explores the issues surrounding judicial review. She explores how difficult it is for judges to determine the reasonableness of legislative initiatives and examines the considerable influence exerted by Canadian politicians in decisions about which legislative activities will be considered justifiable limits on protected rights. Politicians have, in other words, helped define the very constraints that the Charter was intended to impose on them. Limiting Rights sheds light on one of the most contentious issues in a political system with entrenched rights.
(source: Nielsen Book Data)

• Tables and figures-- Contributors-- preface and acknowledgements-- Party names and other acronyms and abbreviations--
• 1. Towards a model of Latin American legislatures Scott Morgenstern-- Part I. Executive-Legislative Relations:
• 2. Oscillating relations: president and congress in Argentina Anna Maria Mustapic--
• 3. Presidential cabinets, electoral cycles and coalition discipline in Brazil Octavio Amorim Neto--
• 4. Exaggerated presidentialism and moderate presidents: executive-legislative relations in Chile Peter M. Siavelis--
• 5. Executive-legislative relations: the case of Mexico (1946-97) Ma. Amparo Casar-- Part II. Political Parties and Legislative Structure:
• 6. Explaining the high level of party discipline in the Argentine congress Mark P. Jones--
• 7. Party discipline in the chamber of deputies Barry Ames--
• 8. Parties, coalitions and the Chilean congress in the 1990s John M. Carey--
• 9. Understanding party discipline in the Mexican chamber of deputies: the centralized party model Benito Nacif-- Part III. Legislatures and the Policy Process:
• 10. Fiscal policy making in the Argentine legislature Kent H. Eaton--
• 11. Progressive ambition, federalism and pork-barreling in Brazil David Samuels--
• 12. Appointment, re-election and autonomy in the senate of Chile John Londregan--
• 13. The legal and partisan framework of the legislative delegation of the budget in Mexico Jeffrey A. Weldon-- Part IV. Conclusions:
• 14. Explaining legislative politics in Latin America Scott Morgenstern--
• 15. Epilogue: Latin America's reactive assemblies and proactive presidents Gary W. Cox and Scott Morgenstern-- References-- Author index-- General index.
• (source: Nielsen Book Data)

This study, first published in 2002, explores legislative politics in Argentina, Brazil, Chile, and Mexico. Instead of beginning with an assumption that these legislatures are either rubber-stamps or obstructionist bodies, the chapters provide interesting data and a fresh analytical approach to describe and explain the role of these representative bodies in these consolidating democracies. For each country the book provides three chapters dedicated, in turn, to executive-legislative relations, the legislatures' organizational structure, and the policy process. The analytical focus of each section, however remains the same: the role of institutional factors (including the allocation of policy-making authority between the executive and legislative branches of government, the number of relevant parties in the legislature, and the structure of electoral incentives) in shaping the patterns of legislative behavior.
(source: Nielsen Book Data)