The Constitutional Value Of Sunset Clauses

Author : Antonios Emmanouil Kouroutakis
Publisher : Taylor & Francis
Page : 213 pages
File Size : 55,6 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781315454320

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The Constitutional Value of Sunset Clauses by Antonios Emmanouil Kouroutakis Pdf

In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.

Author : Antonios Emmanouil Kouroutakis
Publisher : Routledge
Page : 262 pages
File Size : 49,8 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781315454313

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The Constitutional Value of Sunset Clauses by Antonios Emmanouil Kouroutakis Pdf

In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.

Author : Sofia Ranchordás
Publisher : Unknown
Page : 0 pages
File Size : 55,8 Mb
Release : 2014
Category : Constitutional law
ISBN : 1783478942

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Constitutional Sunsets and Experimental Legislation by Sofia Ranchordás Pdf

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. Sofia Ranchord s presents a thorough analysis of sunset clauses and experimental legislation from a comparative perspective, and offers a clear legal framework for their implementation.

Author : Ittai Bar-Siman-Tov
Publisher : Springer Nature
Page : 333 pages
File Size : 43,9 Mb
Release : 2021-05-27
Category : Law
ISBN : 9783030727482

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Comparative Multidisciplinary Perspectives on Omnibus Legislation by Ittai Bar-Siman-Tov Pdf

This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

Author : William D. Popkin
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2017
Category : Judicial discretion
ISBN : 1531007600

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Statutory Interpretation by William D. Popkin Pdf

To view or download the 2022 Supplement to this book click here. Statutory Interpretation emphasizes a particular perspective on statutory interpretation--pragmatic judging, which means that the judge is influenced by substantive background considerations. This perspective is also sensitive to the historical framework that shapes modern statutory interpretation, to the institutional setting in which interpretation occurs, and to the reality that statutes can be a source of law (even when there is no common law power). The book concludes with an exploration of the rules governing the lawmaking process, especially those found in state constitutions.

Author : Sofia Ranchordás
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 43,9 Mb
Release : 2014-12-31
Category : Law
ISBN : 9781783478958

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Constitutional Sunsets and Experimental Legislation by Sofia Ranchordás Pdf

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.

Author : Mordechai Kremnitzer,Talya Steiner,Andrej Lang
Publisher : Cambridge University Press
Page : 689 pages
File Size : 41,9 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108497589

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Proportionality in Action by Mordechai Kremnitzer,Talya Steiner,Andrej Lang Pdf

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Author : Adem Abebe,Sumit Bisarya,W. Elliot Bulmer,Erin C. Houlihan,Thibaut Noel
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 97 pages
File Size : 50,8 Mb
Release : 2020-12-31
Category : Political Science
ISBN : 9789176713556

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Annual Review of Constitution-Building: 2019 by Adem Abebe,Sumit Bisarya,W. Elliot Bulmer,Erin C. Houlihan,Thibaut Noel Pdf

International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics. This seventh edition covers events in 2019. Because this year marks the end of a decade, the first chapter summarizes a series of discussions International IDEA held with international experts and scholars throughout the year on the evolution of constitution-building over the past 10 years. The edition also includes chapters on challenges with sustaining constitutional pacts in Guinea and Zimbabwe; public participation in constitutional reform processes in The Gambia and Mongolia; constitutional change and subnational governance arrangements in Tobago and the Autonomous Region of Bangsamoro; the complexities of federal systems and negotiations on federal state structures in Myanmar and South Sudan; and the drawing (and redrawing) of the federal map in South Sudan and India. Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to, and the implications of these processes for democracy, the rule of law and peace.

Author : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf

"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Author : Karolina M. Milewicz
Publisher : Cambridge University Press
Page : 373 pages
File Size : 40,9 Mb
Release : 2020-07-23
Category : Law
ISBN : 9781108835091

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Constitutionalizing World Politics by Karolina M. Milewicz Pdf

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.

Author : Yaniv Roznai
Publisher : Oxford University Press
Page : 369 pages
File Size : 55,5 Mb
Release : 2017
Category : Law
ISBN : 9780198768791

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Unconstitutional Constitutional Amendments by Yaniv Roznai Pdf

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Author : Anonim
Publisher : UN
Page : 158 pages
File Size : 42,7 Mb
Release : 2018
Category : Law
ISBN : UCBK:C116916584

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Human Rights and Constitution Making by Anonim Pdf

"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Author : Richard Bellamy
Publisher : Routledge
Page : 743 pages
File Size : 42,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351540698

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The Rule of Law and the Separation of Powers by Richard Bellamy Pdf

The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Author : Anonim
Publisher : Unknown
Page : 944 pages
File Size : 47,7 Mb
Release : 2012
Category : Electronic surveillance
ISBN : PURD:32754082413901

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Intelligence Community Legal Reference Book by Anonim Pdf

Author : Cora Chan,Fiona de Londras
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 42,5 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781509928170

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China's National Security by Cora Chan,Fiona de Londras Pdf

All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.