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Parliament and Congress: Representation and Scrutiny in the Twenty-First Century [Pehme köide]

(Consultant to the Parliamentarian of the U.S. House of Representatives and Former Parliamentarian), (Formerly Clerk of the House of Commons)
  • Formaat: Paperback / softback, 614 pages, kõrgus x laius x paksus: 247x176x34 mm, kaal: 1064 g
  • Ilmumisaeg: 30-Aug-2012
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199655952
  • ISBN-13: 9780199655953
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  • Formaat: Paperback / softback, 614 pages, kõrgus x laius x paksus: 247x176x34 mm, kaal: 1064 g
  • Ilmumisaeg: 30-Aug-2012
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199655952
  • ISBN-13: 9780199655953
The constitutional background of both legislatures and their procedures are described and where possible compared. Currently unsolved problems often have much in common, in vexed areas such as ethics requirements or how procedural rules permit minorities fair access to legislative time before majorities prevail. British successes include the enhanced authority and effectiveness of select committees and the acquisition of more debating time by the creation of a parallel Chamber. Unsolved problems at Westminster begin with the powers and status of the Lords, and go on through the search for more effective review of EU activities, adapting parliamentary scrutiny to more sophisticated government financial information, and making better use of legislative time without diminishing back-bench rights.
The accelerated pace and extent of procedural changes in Congress is problematic. Constant pursuit of campaign funds, increased party exploitation of Members' ethical shortcomings, and partisan reapportionments, have diminished collegiality and compromise. Business is conducted with greater predictability, with fewer quorum calls, postponement and clustering of votes, and by utilization of ad hoc special orders, often in derogation of openness and minority rights in the House. Minority complaints have been frequent and occasionally extreme. Conversely constant filibuster threats in the Senate have enhanced minority party power there. An 'inverse ratio' between the greater complexity, importance, and urgency of pending legislation on the one hand, and diminution of deliberative capacity, fairness. and transparency on the other, has been repeatedly demonstrated, especially at the stage of final compromises between the Houses.

Arvustused

The depth of procedural study is good, and there is a high level of analysis. * Fiona Williams, Political Studies Review Vol. 11 * The strengths of this new work are many ... notable and praiseworthy for its clarity and honesty. * The Capitol Dome, US Capitol Historical Society *

List of Abbreviations
xxv
Table of Cases
xxvii
1 Introduction
1(10)
Separation of powers
1(3)
Congressional and parliamentary powers
4(2)
Courts and Acts
6(2)
Themes
8(3)
2 Basic Constitutional Distinctions
11(20)
Congress and the States
11(6)
Electoral count and election of President and Vice President
17(2)
Parliamentary sovereignty and statutory devolution
19(3)
European Union: national accountability and European legitimacy
22(2)
`...Without further enactment...'
24(1)
Parliamentary scrutiny: the significance of EU legislation
24(2)
Parliamentary debate: the merits of EU legislation
26(2)
Subsidiarity and the powers of national parliaments
28(3)
3 The Four Houses
31(82)
The term of a Congress and a Parliament, and the effect on legislation and on Members
31(2)
Assembly and organization of the four Houses
33(3)
The presiding officers
36(12)
The State of the Union and the State Opening
48(2)
The Chambers: size and arrangement; access to
50(4)
Extraordinary places of meeting
54(1)
The Parallel Chamber and other expedients
55(1)
The Lords: mending, not ending
56(3)
Supremacy of the lower Houses
59(7)
Treaties and International Agreements
66(6)
Confirmation of nominations
72(6)
Presidential disability and Vice Presidential vacancies
78(1)
How a sitting is closed: adjournment from day to day
78(2)
Adjournments requiring consent of other House
80(2)
Quorums
82(6)
The significance of differences between a two-party and an effectively multi-party legislature
88(4)
Legislative staff
92(4)
Records and papers
96(5)
Media coverage
101(4)
Working papers
105(8)
4 Representatives, Members, Lords, and Senators
113(34)
Numbers in the four Houses
113(4)
Constituencies and districts: the Lords and the Senate
117(3)
Terms of the mandates, vacancies, and resignations
120(4)
Qualification and disqualification
124(3)
Expulsion
127(1)
Elections and election contests
128(4)
Campaign practices and finance
132(4)
Compensation and allowances
136(9)
Staff and assistance
145(2)
5 Procedural Basics
147(78)
The general background
147(2)
Sittings
149(1)
Motions in Congress
150(3)
The daily framework
153(6)
Debate in Congress
159(10)
Debate in Parliament
169(4)
Decision making: motions and amendments
173(13)
Orderliness in debate: relevancy
186(2)
Order in debate: discipline
188(6)
Dilatory motions
194(1)
Limitations and time limits
195(8)
Points of order, parliamentary inquiries, and appeals
203(8)
Taking decisions: majorities and super-majorities
211(14)
6 The Power of the Purse
225(82)
Executives and legislatures: one source, two models
225(3)
Congress: the budget process
228(26)
Budget reconciliation bills
235(6)
Revenues
241(11)
Public debt (borrowing)
252(2)
Parliament: Ways and Means
254(13)
Supply
258(3)
Appropriation
261(1)
Supply: select committees
261(3)
New expenditure
264(1)
Supply, Ways and Means, and the Lords
265(2)
Congress: authorization for appropriations
267(30)
Appropriations
272(2)
Requirements of the Budget Act
274(4)
Requirements of House and Senate rules
278(5)
Procedures for consideration
283(5)
Other committees
288(2)
House-Senate relations
290(4)
Executive review of appropriations
294(3)
Audit and value for money
297(4)
Outcomes
301(6)
7 Scrutiny and Oversight
307(52)
Introduction
307(1)
How the oversight function is discharged
308(14)
Bipartisanship in Congress
322(1)
Evidence, witnesses, and subpoenas
323(6)
Committees of the Legislature and the Executive
329(7)
Individual legislators and oversight
336(1)
Questions
337(12)
A case study: war powers
349(6)
Self-scrutiny
355(4)
8 Committees
359(22)
Introduction
359(1)
Bipartisanship in Parliament
360(1)
Commons select committees
361(2)
Lords select committees
363(1)
Parliamentary select committee membership and activities
364(3)
Witnesses before parliamentary committees
367(1)
Committees in Congress: organization
368(4)
The work of select committees in Parliament
372(2)
Parliamentary select committees: patterns of work
374(2)
Congressional committee staffs
376(1)
Assistance to parliamentary select committees
377(1)
Parliamentary select committees: outcomes
378(3)
9 Legislation
381(97)
The general background
381(2)
Where the initiative lies in proposing and amending legislation
383(4)
Introduction and referral of bills: House of Representatives and Senate
387(4)
From first reading to committee: Commons and Lords
391(4)
Committees in Congress
395(20)
Jurisdiction
395(12)
Legislative procedures
407(8)
Legislative scheduling
415(15)
Time in the House and Senate
415(4)
Unanimous consent in the House of Representatives
419(1)
Unanimous consent and consent agreements in the Senate
420(5)
Discharges
425(1)
The House Rules Committee and special orders
426(4)
Committee of the Whole in Congress
430(3)
Minority options: motions to recommit and other `procedural' votes
433(4)
Cloture in the Senate
437(2)
Committee stage and after: Commons and Lords
439(5)
Budget Act procedures in Congress
444(1)
Resolving differences
444(19)
Between the Houses in Congress
444(4)
Conferences
448(13)
Between the Houses in Parliament
461(2)
New mechanisms and changing balances at Westminster
463(3)
Presidential vetoes and Royal Assent
466(2)
Delegated legislation: parliamentary approval and disapproval
468(5)
Statutory legislative procedures in Congress
473(5)
10 Privilege and Contempt
478(39)
Privilege: scope and significance
478(6)
Particular privileges
484(11)
Freedom of speech
484(9)
Freedom from arrest
493(2)
Contempt
495(5)
Complaints, judgments, and penalties
500(2)
Congress, Parliament, and the statute law
502(4)
Impeachment
506(5)
Parliamentary privilege under pressure
511(6)
11 Ethics and Standards
517(30)
From the beginning to the 1990s
517(6)
The Nineties and after: problems and solutions
523(24)
Parliament
523(8)
Congress
531(16)
12 Conclusion
547(2)
Annex of Tables 549(16)
Index 565
William McKay; MA University of Edinburgh 1961. Served in the department of the Clerk of the House of Commons 1962-1994. Clerk Assistant of the House of Commons, 1994-1997. Clerk of the House and Chief Executive of the House Service, 1998-2002. Interim-Clerk designate to the Scottish Assembly 1979. For several years conseiller presidentiel to the president of the WEU Assembly, meeting periodically in Paris. Honorary Professor in the School of Law, University of Aberdeen 2003-07. Observer, Council of the Law Society of Scotland, 2006-present.

Charles Johnson; BA Amherst College, 1960; JD, University of Virginia Law School 1963. Member of District of Columbia Bar, 1965; U.S. Supreme Court Bar, 1968. Assistant Parliamentarian, U.S. House of Representatives 1964-1974; Deputy Parliamentarian 1975-1994; Parliamentarian 1994-2004. U.S. House Compilation of Precedents consultant, 2004-present. Adjunct Professor, University of Virginia Law School, 2005; Lecturer at several colleges and law schools.