For instance, the conscious use of processes like bicameralism
, presentment, delegation of authority, and the commitment to a written Constitution illustrate that these procedures were all elements of the process used to maintain the functioning of the United States' federal separation of powers structure.
As he examines separation of powers, bicameralism
, and other aspects of modern constitutionalism, Waldron advances a larger argument about the purpose of these structures and mechanisms in relation to democracy.
919, 954, 958-59 (1983) (invalidating a seemingly efficient "one-House veto" for failure to comply with Article I's bicameralism
and presentment requirements); see also Clinton v.
: the argentine case in comparative perspective.
Unconstrained by the bicameralism
and presentment hurdles of Article I, the judge would need only his own vote, or those of just a few colleagues, to revise the law willy-nilly in accordance with his preferences and the task of legislating would become a relatively simple thing.
1721, 1751 (2002) (arguing, in the context of positive delegations, that all of the constitutional values served by Article I, Section 7 "are formally protected because the delegatory statute itself must go through bicameralism
and presentment" (emphasis omitted)).
In Jaynes' theory the "god-voice" is evidence of a neurological condition of bicameralism
, in which the two hemispheres of the human brain performed different linguistic, analytical, and conscious functions.
In the first part, I explain the current state of scholarly knowledge of second chambers and bicameralism
. In the second part, I discuss the accepted orthodoxy that exists in Canada concerning Senate reform, namely that it must simultaneously address the method of selection, the numbers of seats each province gets, and the powers of the Senate.
The first chapter then introduces the major thematic materials that will be covered in detail in the ensuing four chapters: the shortcomings of the Confederation; the high points of the debate at the Philadelphia Convention; the how and why of bicameralism
, separation of powers, and federalism; the critical differences dividing the Federalists and the AntiFederalists; the reasons behind the unseemly compromise over slavery; and the adoption of the Bill of Rights.
In a second step, we could imagine an 'economic bicameralism
' within firms which would institute two representative bodies to govern firms in the interest of 'labour and capital investors' alike (Ferreras, 2012).
In this paper, rather than attack or defend bicameralism
, we will argue in favour of attributing a democratically reconstituted Senate with the primary responsibility of reviewing the constitutionality of legislation (as opposed to acting as a chamber of "sober second thought" with respect to the policy decisions of the House of Commons).
The Structure of Parliament: The Tradition of Bicameralism