Chapter

The Legislative Assembly

Richard Ekins

in The Nature of Legislative Intent

Published in print October 2012 | ISBN: 9780199646999
Published online January 2013 | e-ISBN: 9780191741159 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199646999.003.0006

Series: Oxford Legal Philosophy

The Legislative Assembly

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This chapter considers the nature of the legislative assembly. It begins by noting the problems with vesting legislative authority in one person, elected or otherwise. The assembly is a representative and deliberative body, which is less likely than the sole legislator to be a tyrant, and more likely to legislate well and to enable citizens to share in government. The chapter thus argues that the good reasons to authorize an assembly to legislate bear on who it is that should legislate, not what it is to legislate. It explains why legislators have good reason to adopt and maintain an internal hierarchy that makes it possible for the assembly to act coherently and for reasons. It ends by considering the structure of Washington and Westminster legislatures, arguing that notwithstanding significant differences, both are capable of reasoned choice.

Keywords: assembly; prince; representation; deliberation; legislating; legislative procedure; Washington; Westminster

Chapter.  15257 words. 

Subjects: Jurisprudence and Philosophy of Law

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