By Harel Arnon
Arnon deals a coherent felony thought to direct laws, a.k.a. projects, within the usa. His underlying argument is that the shortcoming of a good verified felony thought during this sector is undesired. His ebook explores philosophical justifications for direct laws in addition to acceptable felony doctrines after which bargains a coherent conceptualization of direct laws. in accordance with this conceptualization, Arnon indicates an leading edge felony thought that has quick purposes to statutory interpretation and judicial evaluation. As such, Arnon provides us leading edge insights in a felony subject that, regardless of its political importance, has been principally neglected via felony teachers. felony students, judges and litigators may well locate the ebook insightful and fresh.
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Extra info for A Theory of Direct Legislation (Law and Society) (Law and Society)
Professional signature collectors and strategic media campaigns are becoming essential components of The Debate over Direct Legislation 31 the initiative process. As a result, only those who can afford the costs and related expenses of an initiative are able to put one on the ballot. What was initially intended to make the legislative process more democratic to average voters has become a luxury of the wealthy. 67 Still another argument maintains that since sponsoring an initiative is expensive and difficult and since there is a prevailing bias in favor of the status quo, opponents can spend smaller amounts of money in a negative campaign and beat it at the ballot.
It seems that, content wise, both legislative methods can lead to the creation of good, as well as bad, laws. A model for treating initiatives must be justified on their unique character. What we need is an analysis of the initiative institution as such. We need an analysis that focuses on the inherent procedural features of direct legislation and not their substance. 4 Such a model will be applicable to all initiatives, regardless of their content. Hence, I find arguments targeting the process of initiative lawmaking to be the most productive.
76 Defenders of direct legislation also argue that claims of initiatives being inherently conservative are unfounded. As pointed out, there are no conclusive empirical findings that can justify these claims. 77 This is hard to measure and that is why any empirical findings in this matter are problematic and partial. 78 5. CONTENT-ORIENTED ARGUMENTS AGAINST INITIATIVES Much of contemporary criticism regarding initiatives is focused on the content of direct legislation. I will not list the different variants of these arguments since they all take similar paths by underlining the dangers of bad statutes enacted by the people.
A Theory of Direct Legislation (Law and Society) (Law and Society) by Harel Arnon