Direct Democracy and the Courts

Direct Democracy and the Courts

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This book analyzes the conflict between two rising powers - direct democracy and the courts. Many voter-approved initiatives are challenged in court after the election and many are invalidated. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.These cumulative effects are perhaps most apparent in the context of the state budget process. ... This problem has spread beyond California to other high-use initiative states where it has created one of the initiative powera#39;s most important and ... See, e.g., Thad Kousser, Mathew D. McCubbins, and Kaj Rozga, a€œWhen Does the Ballot Box Limit the Budget? ... But, even if legislators are sometimes able to a€œwork arounda€ voter-imposed tax and expenditures limitations, these restrictionsanbsp;...

Title:Direct Democracy and the Courts
Author:Kenneth P. Miller
Publisher:Cambridge University Press - 2009-08-31


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