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Bowers argues that, when correctly interpreted and applied, the
Constitution and the theory of liberty on which it is based require
government to reject the conventional pro-choice and anti-abortion
perspectives as too extreme and incomplete. Instead, this book sets
forth a position that government is constitutionally obligated to
approach abortion policy from a middle perspective. Relying on a
jurisprudence of original theory, Pro-Choice and Anti-Abortion
forcefully asserts that government is constitutionally constrained
to formulate abortion policy that is at once pro-choice and
anti-abortion. In so arguing, this book walks readers through this
constitutionally mandated middle position by introducing them to
the liberal teachings of John Locke that were so influential to the
framers of the Constitution and by applying this political theory
to the major issues of the abortion controversy--including the
individual liberty interest in the abortion decision, minors and
abortions, the liberty interest of the fetal-being, and the Freedom
of Choice Act.
Increasingly, state regulations are implemented and exercised by
the administrative discretion of state bureaucracies. This
increased rulemaking activity threatens to rival, or even replace,
state legislatures as the principal source of new laws emanating
from state government. To combat this, state legislatures now
routinely seek to regain their preeminence as lawmakers by
overseeing administrative rulemaking authority. This oversight is
frequently conducted through a process known as rules review. The
process, a systematic form of legislative oversight, encourages the
responsible exercise of rulemaking authority by requiring
legislative scrutiny of proposed regulations prior to final
adoption by the issuing agency. "Regulating the RegulatorS"
presents an introduction to rules review. James R. Bowers examines
this process through an in depth case study of the Illinois General
Assembly.
Regulating the Regulators presents an introduction to this
important and widely used method of oversight by state
legislatures. The author poses three basic questions about rules
review that previous works have not asked: Why is a state
legislature likely to incorporate rules reviews in its oversight
arsenal? What is the substance and nature of rules review likely to
be? What factors are likely to contribute to agency responsiveness
to rules review? These questions are examined through an in depth
case study of the rules review process in the Illinois General
Assembly. From this case study, Regulating the Regulator develops a
number of analytic generalizations upon which future research and a
more general understanding of rules review can be built. Students
of both legislative an administrative process, as well as state
legislators and state level public administrators, will find
"Regulating the RegulatorS" a valuable source of information. This
book is particularly well-suited for upper-level undergraduate and
graduate courses in state governement and politics, administrative
process, regulatory politics, and administrative theory.
Bowers argues that, when correctly interpreted and applied, the
Constitution and the theory of liberty on which it is based require
government to reject the conventional pro-choice and anti-abortion
perspectives as too extreme and incomplete. Instead, this book sets
forth a position that government is constitutionally obligated to
approach abortion policy from a middle perspective. Relying on a
jurisprudence of original theory, "Pro-Choice and Anti-Abortion"
forcefully asserts that government is constitutionally constrained
to formulate abortion policy that is at once pro-choice and
anti-abortion. In so arguing, this book walks readers through this
constitutionally mandated middle position by introducing them to
the liberal teachings of John Locke that were so influential to the
framers of the Constitution and by applying this political theory
to the major issues of the abortion controversy--including the
individual liberty interest in the abortion decision, minors and
abortions, the liberty interest of the fetal-being, and the Freedom
of Choice Act.
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