The Timing of Lawmaking

Author: Frank Fagan,Saul Levmore

Publisher: Edward Elgar Publishing

ISBN: 1785364332


Page: 368

View: 7217

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?

The Economics of Lawmaking

Author: Francesco Parisi,Vincy Fon

Publisher: Oxford University Press

ISBN: 0195374150

Category: Law

Page: 329

View: 6678

The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.

Legal Orderings and Economic Institutions

Author: Fabrizio Cafaggi,Antonio Nicita,Ugo Pagano

Publisher: Routledge

ISBN: 1134331002

Category: Business & Economics

Page: 368

View: 3706

This book addresses the lively interaction between the disciplines of law and economics. The traditional boundaries of these two disciplines have somehow inhibited a full understanding of the functioning of and the evolution of economic and legal systems. It has often been the case that these boundaries have had to be reshaped, and sometimes abolished, before either one of the two disciplines could successfully clarify the real life problems arising from the complex institutions of contemporary societies. The contributions to this volume encompass some of the core controversial issues in law and economics arising from interactions between legal orderings and economic institutions. They include: the nature of institutional and legislative change and the emergence of strong institutional complementarity in legal positions the relationship between private orderings and the role of the State in enforcing contracts and defining property rights the nature and dynamics of endogenous enforcement and the analysis of governance models and corporate ethics. Part of the renowned Siena Studies in Political Economy series, this book will be an essential read for postgraduates and researchers in the fields of law and economics, and the economics of institutions.

The Logic of Law Making in Islam

Women and Prayer in the Legal Tradition

Author: Behnam Sadeghi

Publisher: Cambridge University Press

ISBN: 110700909X

Category: History

Page: 215

View: 9982

This pioneering study examines the process of reasoning in Islamic law. By analyzing rulings from the Hanafi school, the author interrogates whether sacred law operated differently from secular law, why laws changed, and how different cultural and historical settings impacted on the development of legal rulings. The result is a fascinating overview of the evolution of Islamic law and the role of its jurists.

Judge Manfred Lachs and Judicial Law-Making

Opinions on the International Court of Justice, 1967-1993

Author: Edward MacWhinney,Manfred Lachs

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041101259

Category: Law

Page: 387

View: 8532

This volume, the second in the series "The Judges," which collects and synthesizes the opinions of leading international contemporary judges who have contributed significantly to the progressive development of international law, is devoted to the work of Judge Manfred Lachs, who was elected to the International Court of Justice in 1967. In his Foreword to the study, UN Secretary General Boutros Boutros-Ghali says of Lachs that His contribution to jurisprudence is especially noteworthy. He initiated a significant part of the jurisprudence of the Court in the area of human rights. He contributed to the formulation of the right to self-determination, helped to develop the law of the sea, and participated in the work of the Court in many other areas. But, above all, he was at the forefront of the most progressive battles of the Court, demonstrating great personal courage and great analytical rigour. As President of the Court, he showed a constant interest in improving its procedures and developing relations between the judicial organ and other organs of the United Nations.' Edward McWhinney's masterly essay, which precedes extracts from Manfred Lachs' Opinions and from some Judgements in which he played a crucial role, is essential reading for all those interested in the World Court, as well for Manfred Lachs' countless admirers, students and colleagues.

Protecting Canadian Democracy

The Senate You Never Knew

Author: Serge Joyal,Canadian Centre for Management Development

Publisher: McGill-Queen's Press - MQUP

ISBN: 9780773526198

Category: Political Science

Page: 371

View: 7163

In recent years Canada's Senate, Parliament's chamber of sober second thought, has often been the subject of controversy and calls for reform. Protecting Canadian Democracy examines the history, role, and evolution of the Senate; places it in the context of other federal systems; and contrasts its role with that of provincial governments. Contributors analyse the Senate's use of its legislative powers, comparing it with the House of Commons, and assess the Senate's contribution to public policy development and review, showing how the upper chamber functions as a forum within Parliament for the representation of Canada's diverse regional, linguistic, cultural, and socio-economic interests. contending that the Senate should be improved by means that do not require formal amendments to the Constitution. The authors identify possibilities for reform the institution within the current constitutional framework, addressing the Senate's veto power, its appointment process, and its legislative independence. A valuable appendix of charts and statistics on the composition and operation of the Senate is also provided.

The World Court and the Contemporary International Law Making Process

Author: Edward McWhinney

Publisher: BRILL

ISBN: 9789028609082

Category: Law

Page: 219

View: 4967

Disaster response has been described as the last resort of the amateur: an unkind assessment but not without a grain of truth. Disaster generates an emotional response, & new disaster organisations are born with each new disaster. Lessons of the past on disaster management have to be learned anew. The need to increase the professionalism of disaster response is evident. All the more so as, in disaster terms, the world is getting worse, not better. Disasters become more complex, frequently involving the interaction of a disaster event, politics & technology. The last few years have also seen a growth in research into the area of disaster response. Too often, however, disaster researchers & disaster organisations have gone their separate ways. There is a need for these two groups to get together to devise more practical & professional approaches to disaster response. The World Disasters Report , produced by the International Federation of Red Cross & Red Crescent Societies with the Centre for Research on the Epidemiology of Disasters, is a contribution to this effort of professionalisation. It provides facts & statistics, analysis & an exploration of trends, to dispel a number of myths about disasters & to define & advocate good practice. This is the first volume of Annual Reports which will become a vital tool for all those involved in the area of disaster response.

Law Making and the Scottish Parliament

Author: Elaine E Sutherland

Publisher: Edinburgh University Press

ISBN: 0748687661

Category: Law

Page: 432

View: 9293

A study of legislative developments in areas of law and policy devolved to the Scottish Parliament.

Popular Law-making

A Study of the Origin, History, and Present Tendencies of Law-making by Statute

Author: Frederic Jesup Stimson

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770945

Category: Law

Page: 390

View: 5553

Stimson, Frederic Jesup. Popular Law-Making. A Study of the Origin, History, and Present Tendencies of Law-Making by Statute. New York: Charles Scribner's Sons, 1910. xii, 545 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-022513. ISBN 1-58477-094-5. Cloth. $85. * Stimson [1853-1943] was a professor of comparative legislation at Harvard University. His study of statute creation is a thorough survey that starts with the English idea of law, goes on to cover early English legislation and the Magna Charta, the re-establishment of Anglo-Saxon law and the question of common law against civil law, early labor legislation and laws against restraint of trade and "trust," medieval legislation, then discusses English and American rates and prices, corporations, labor laws, military and mob law and the right to arms, legislation concerning personal and racial rights, sex legislation, marriage and divorce, American legislation in general and property rights in particular, and more. "Recommended by Hurst for 'general review of legislative contributions to the body of the law.'" Hurst, Growth of American Law 453. Marke, A Catalogue of the Law Collection of New York University (1953) 206.

The Presidency in a Separated System

Author: Charles O. Jones

Publisher: Brookings Institution Press

ISBN: 9780815791508

Category: Political Science

Page: 358

View: 4899

Popular interpretations of American government tend to center on the presidency. Successes and failures of government are often attributed to presidents themselves. But, though the White House stands as a powerful symbol of government, the United States has a separated system intentionally designed to distribute power, not to concentrate it. Charles O. Jones explains that focusing exclusively on the presidency can lead to a seriously distorted picture of how the national government works. The role of the president varies widely, depending on his resources, advantages, and strategic position. Public expectations often far exceed the president's personal, political, institutional, or constitutional capacities for achievement. Jones explores how presidents find their place in the permanent government and how they are "fitted in" by others, most notably those on Capitol Hill. This book shows how a separated system of government works under the circumstances created by the Constitution and encouraged by a two-party system. Jones examines the organizational challenges facing presidents, their public standing and what it means, presidential agendas and mandates, and lawmaking—how it works, where the president fits in, and how it varies from issue to issue. He compares the post-World War II presidents and identifies the strengths and weaknesses of each in working within the separated system. Jones proposes a view of government as a legitimate, even productive, form of decisionmaking and emphasizes the varying strategies available to presidents for governing. He concludes with a number of important lessons for presidents and advice on how to make the separated system work better.

Women in Law and Lawmaking in Nineteenth and Twentieth-Century Europe

Author: Professor Eva Schandevyl

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472403487

Category: History

Page: 294

View: 2336

Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.

Legislative Principles

The History and Theory of Lawmaking by Representative Government

Author: Robert Luce

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775432

Category: Law

Page: 667

View: 304


The Role of Governments in Legislative Agenda Setting

Author: Bjorn Erik Rasch,George Tsebelis

Publisher: Routledge

ISBN: 1136870466

Category: Political Science

Page: 304

View: 8388

With a strong comparative framework, this book examines fourteen countries with parliamentary or semi-presidential systems of government to provide a detailed investigation into the mechanisms by which governments determine the agendas of their parliaments.

Law and the Limits of Government

Author: Frank Fagan

Publisher: Edward Elgar Publishing

ISBN: 0857938665

Category: Law

Page: 168

View: 9975

ÔLaw and the Limits of Government by Frank Fagan is a creative and enormously useful book for any scholar of legislation, timing rules, and politics.Õ Ð Jacob Gersen, Harvard Law School, US Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare. Containing comprehensive, theoretical, normative and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates.

Impact Assessment in EU Lawmaking

Author: Anne C. M. Meuwese

Publisher: Kluwer Law International B.V.

ISBN: 9041127208

Category: Law

Page: 301

View: 4541

Recent constitutional thinking has directed its attention to the profound impact of 'soft' norms on the way legislation is made. This book identifies the European Union's impact assessment regime as a source of these norms. In 2002 the European Commission - later followed by the European Parliament and the Council of Ministers - committed to performing rigorous assessment of the economic, social and environmental impacts of policy options before adopting (legislative) proposals. Applying a 'constitutional lens' to this 'regulatory' topic, Anne Meuwese examines both the details and the framework of IA in EU lawmaking to date, drawing attention to its strengths, its contradictions, and its power to enhance the deliberative quality of legislative debates. Integrating the perspectives of political scientists and economists with the concerns of legal scholars and practitioners, Dr Meuwese describes and interrelates such aspects of the subject as the following: the potential role of impact assessment as a catalyst of legal principles, by emphasising or overriding norms that govern both the procedural and the substantive aspects of the EU legislative process; the 'constitutional tasks' of impact assessment as applied to European legislative proposals, especially relating to subsidiarity, proportionality, and the precautionary principle; the formal and informal extension of the scope of impact assessment beyond the co-decision procedure; the question whether impact assessment crosses the line between informing the legislator and fettering legislative discretion. In the course of her analysis Dr Meuwese develops models for possible usages of IA in EU lawmaking, analyses the implementation of impact assessment processes in the European Commission, the European Parliament and the Council as well as the roles of relevant 'co-actors', and offers results of empirical research in the forms of a survey of EU legislative practice and in-depth case studies of four EU legislative dossiers.

Health Care Law-making in Central and Eastern Europe

Review of a Legal-theoretical Model

Author: André Pieter den Exter,André den Exter

Publisher: Intersentia nv

ISBN: 9050952534

Category: Law

Page: 371

View: 5194

Most of the European countries are confronted with health care system reforms. In Central and Eastern Europe, however, the countries face specific challenges. Whereas "socialist" governments traditionally have been deeply involved in all facets of health care, the general process of initiated market-oriented reforms has also affected the nature and scope of government intervention in health care. Stimulated by the successes of concepts such as decentralisation, deregulation, and privatisation in order to create a more flexible market economy, policy-makers also began to apply such notions to the health care sector. The experiences in the early 1990s however, revealed certain devastating effects of transposing the general concept of market competition to the field of health care. One valuable lesson of those developments was that liberalising relations in health care necessitates a certain degree of government intervention. Furthermore, the nature and scope of Central and Eastem European health care reforms differed from country to country with no uniform "blueprint" for reform, derived from emulating Western European experiences, being readily available. Nevertheless, previous experiences in reforming health care may provide us with valuable lessons. Their significanee needs, nonetheless, to be reviewed in accordance with specific national setting.

Constitutional Sunsets and Experimental Legislation

a Comparative Perspective

Author: Sofia Ranchordás

Publisher: Edward Elgar Publishing

ISBN: 1783478950

Category: Law

Page: 256

View: 8813

This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis.

The Mechanics of Law Making

Author: Courtenay Ilbert

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770449

Category: History

Page: 209

View: 934

Ilbert, Courtenay. The Mechanics of Law Making. New York: Columbia University Press, 1914. viii, 209 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 99-047156. ISBN 1-58477-044-9. Cloth. $70. * Text of a series of lectures delivered in October 1913 at Columbia University on judicial presence, English legislation and statutes, aspects of law drafting and codification. Ilbert also provides an example of the workings of the legislative process in his discussion of the origin and functions of the Parliamentary Counsel's office in England. Ilbert was the clerk of the House of Commons.

Legislative Problems

Development, Status, and Trend of the Treatment and Exercise of Lawmaking Powers

Author: Robert Luce

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775440

Category: Law

Page: 762

View: 3302