Chapter

Legislation by Assembly

Jeremy Waldron

in Law and Disagreement

Published in print March 1999 | ISBN: 9780198262138
Published online March 2012 | e-ISBN: 9780191682308 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262138.003.0003
Legislation by Assembly

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The chapter shows that somewhere in the tacit theory of the authority of legislation is a sense — a sort of constitutional instinct — that discussion and enactment by a large assembly of representatives is indispensable to the recognition of a general measure of principle or policy, put forward by the powerful, as law. The aim of this chapter is to run this instinct to ground and to unearth its roots. It hopes to see what this analysis tells us about the distinctive image of law that is evoked when legislation is enacted by an assembly.

Keywords: authority; legislation; constitutional instinct; assembly; image of law

Chapter.  9681 words. 

Subjects: Jurisprudence and Philosophy of Law

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