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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Constitutional Reform of National Legislatures: Bicameralism Under Pressure

Edited by: Richard Albert, Antonia Baraggia, Cristina Fasone

ISBN13: 9781788978637
Published: August 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00



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Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized.

What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.

Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers.

Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.

Subjects:
Constitutional and Administrative Law
Contents:
Foreword
Meg Russell, Bicameralism in an Age of Populism
Introduction
1. The Challenge of Reforming Bicameralism
Richard Albert, Antonia Baraggia and Cristina Fasone
Part I Theories and Challenges to Bicameralism: Multi-tiered Government Systems and the EU
2. Bicameralism. Multiple Theoretical Roots in Diverging Practices
Maria Romaniello
3. ‘Visible’ and ‘Invisible’ Second Chambers in Unitary States. ‘Territorialising’ National Legislatures in Italy and the United Kingdom
Barbara Guastaferro
4. How Does the European Union Challenge Bicameralism? Lessons from the Italian Case
Pietro Faraguna
5. The Scrutiny of EU Documents in Bicameral System. Opportunity or Weakness?
Wouter Wolfs and Caterina Cigala
6. The House of Lords faces up to Brexit
Peter Leyland
7. Bicameralism in Multi-tiered Systems
Patricia Popelier
Part II Challenging Unicameralism
8. The Shadow of Bicameralism in a Unicameral State: Dispersed Functional Bicameralism in Bulgaria?
Mihail Vatsov and Polina Vakleva
9. Defending Bicameralism and Equalizing Powers: the Case of Peru
Diego Serra
10. The Failed Referendum to Abolish the Ireland’s Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country
David Kenny
11. Unicameralism and “Masked” Bicameralism
Cristina Fasone
Part III Reforming or Abolishing the Upper House?
12. The Sénat Français of the Fifth Republic: The Permanent Paradox
Priscilla Jensel Monge
13. The Future of Poland’s Second Chamber: Is the Senate Still Needed?
Katarzyna Granat
14. Reshaping the National Council of the Republic of Slovenia
Dušan Štrus
15. Bicameralism(s) in the Age of Ethnicity: Prospects for Reform of Legislatures in Bosnia and Herzegovina
Nedim Kulenović
16. Bicameralism As a Normative Choice In the Tension Between Its Reform and Its Passing
Giovanni Piccirilli
Conclusion
What Are We To Make of Bicameralism in the Twentieth-First Century? The Reform Trap
Cristina Fasone
Index