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Legislative Powers (legislative + power)

Distribution by Scientific Domains

Humanities and Social Sciences	71%

Selected Abstracts

The Legislative Powers and Impact of the European Parliament

JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 2 2003
Andreas Maurer
This article investigates the impact of the legislative powers of the European Parliament (EP), particularly the co-decision procedure. After explaining the development of the legislative procedures, the article analyses the extent to which the different procedures have been used since their creation. It then considers how growing legislative power has affected the EP's internal development, how far the EP has been able to influence EU legislation, and whether EP involvement in legislation has enhanced or impeded the efficiency of the EU legislative process. The article concludes by considering possible areas for further reform of the EP's role in the EU's legislative system. [source]

The Common Law Power of the Legislature: Insurer Conversions and Charitable Funds

THE MILBANK QUARTERLY, Issue 2 2005
JILL R. HORWITZ
New York's Empire Blue Cross and Blue Shield conversion from nonprofit to for-profit form has considerable legal significance. Three aspects of the conversion make the case unique: the role of the state legislature in directing the disposition of the conversion assets, the fact that it made itself the primary beneficiary of those assets, and the actions of the state attorney general defending the state rather than the public interest in the charitable assets. Drawing on several centuries of common law rejecting the legislative power to direct the disposition of charitable funds, this article argues that the legislature lacked power to control the conversion and direct the disposition of its proceeds and that its actions not only undermined the nonprofit form but also raised constitutional concerns. [source]

Falling Apart at the Margins?

DEVELOPMENT AND CHANGE, Issue 5 2009
Neighbourhood Transformations in Peri-Urban Chennai
ABSTRACT This article explores the peri-urban dynamics in developing cities using a theoretical examination of the metropolis as the new urban condition. Although a western conceptualization, the notion of the metropolis, and particularly metropolitan planning, was exported to the developing world to address its urbanization problems. Metropolitan development authorities were established for wider city regions and accorded legislative powers to prepare master plans for the metropolitan areas. However, in most instances, their planning strategies resulted in a conflation of the urban,rural interface into a more complex peri-urban condition, marked by heterogeneity and fragmentation. The article illustrates this through an empirical investigation in the Indian city of Chennai, where socio-spatial transformations of two borderland neighbourhoods on its southern periphery are assessed mainly in terms of metropolitan planning decisions over the decades. In outlining their metamorphosis, the study is careful not to perceive such conflicts as simple forms of polarization between the rich and the poor. Rather, it sets the class conflicts against the politico-economic dynamics yielding newer forms of polarization in the peri-urban spaces. [source]

The Creation and Empowerment of the European Parliament*

JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 2 2003
Berthold Rittberger
Up until now we have lacked a systematic, theoretically guided explanation of why the European Union, as the only system of international governance, contains a powerful representative institution, the European Parliament, and why it has been successively empowered by national governments over the past half century. It is argued that national governments' decisions to transfer sovereignty to a new supranational level of governance triggers an imbalance between procedural and consequentialist legitimacy which political elites are fully aware of. To repair this imbalance, proposals to empower the European Parliament play a prominent though not exclusive role. Three landmark events are analysed to assess the plausibility of the advanced theory: the creation of the Common Assembly of the European Coal and Steel Community, the acquisition of budgetary powers (Treaty of Luxembourg, 1970) and of legislative powers through the Single European Act (1986). [source]

The Legislative Powers and Impact of the European Parliament

Fragmentation of Power and the Emergence of an Effective Judiciary in Mexico, 1994,2002

LATIN AMERICAN POLITICS AND SOCIETY, Issue 1 2007
Julio Ríos-Figueroa
ABSTRACT Legal reforms that make judges independent from political pressures and empower them with judicial review do not make an effective judiciary. Something has to fill the gap between institutional design and effectiveness. When the executive and legislative powers react to an objectionable judicial decision, the judiciary may be weak and deferential; but coordination difficulties between the elected branches can loosen the constraints on courts. This article argues that the fragmentation of political power can enable a judiciary to rule against power holders' interests without being systematically challenged or ignored. This argument is tested with an analysis of the Mexican Supreme Court decisions against the PRI on constitutional cases from 1994 to 2002. The probability of the court's voting against the PRI increased as the PRI lost the majority in the Chamber of Deputies in 1997 and the presidency in 2000. [source]

Parliamentary sovereignty and the new constitutional order: legislative freedom, political reality and convention

LEGAL STUDIES, Issue 3 2002
Mark Elliott
Although the constitutional reform programme undertaken by the Blair administration is formally consistent with the doctrine of parliamentary sovereignty, it is clear that the human rights and devolution legislation, in particular, significantly alter the political and constitutional environment within which Parliament's legislative powers are exercised. This paper considers whether it is meaningfiul, within this new constitutional setting, to adhere to the traditional notion of sovereignty. It is argued that the disparity between a Parliament whose powers are formally unlimited yet increasingly constrained, in political terms, by norms based on fundamental rights and devolved governance may be accommodated, in the short term, by means of constitutional conventions which trace the constitutionally acceptable limits of legislative action by Parliament. However, following examination of the nature of convention and its relationship with law and constitutional principle, it is argued that the possibility arises, in the long term, that conventional limits upon legislative freedom may ultimately evolve into legal limiis, thus ensuring that the fundamental values embraced by the legal order are acknowledged not merely in pragmatic or conventional terms, but as a matter of constitutional law. [source]