By Harel Arnon

Arnon bargains a coherent criminal idea to direct laws, a.k.a. projects, within the usa. His underlying argument is that the inability of a good confirmed criminal thought during this sector is undesired. His booklet explores philosophical justifications for direct laws in addition to appropriate felony doctrines after which deals a coherent conceptualization of direct laws. in response to this conceptualization, Arnon indicates an cutting edge felony idea that has speedy purposes to statutory interpretation and judicial assessment. As such, Arnon provides us leading edge insights in a felony subject that, regardless of its political importance, has been mostly overlooked via criminal lecturers. criminal students, judges and litigators may well locate the booklet insightful and fresh.

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Additional resources for A Theory of Direct Legislation (Law and Society) (Law and Society)

Sample text

The only way for the sponsors of an initiative to amend the petition is to resubmit it for qualification with the state’s reviewing officer while collecting signatures all over again. As a result, initiative sponsors who recognize flaws or other undesired legal implications flowing from their currently circulating proposition are faced with a difficult dilemma: either resubmit the initiative and recognize serious financial losses, or continue with the current legislative attempt, notwithstanding the apparent flaws and errors.

It seems fair to assume that giving the people more political power is likely to enhance political participation and not diminish it. The value of these assumptions lies in their ability to elucidate the uniqueness of initiative lawmaking as such and to justify a unique legal treatment of direct legislation without being dependent on empirical findings. We need to gain a conception of direct legislation that provides a coherent meaning and context. A comprehensive view of initiatives will get us closer to capturing its essence and give us a better understanding of it.

Their strong analytic appeal aside, I find that most of these arguments miss the point. The main reason I come to this conclusion is that I find most of these arguments to be equally valid in the context of indirect legislation as well. 26 When the electorate votes for one candidate over another, we normally say that the candidate won the vote of the people. When an elected official performs his duties well, we would say he is genuinely representing the people’s interest. When the Justices of the Supreme Court, in a five-to-four opinion, reverse a federal circuit court opinion, we would say that the Supreme Court has resolved the law.

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A Theory of Direct Legislation (Law and Society) (Law and by Harel Arnon
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