The Timing Of Lawmaking

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The Timing of Lawmaking

Author : Frank Fagan,Saul Levmore
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 51,8 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781785364334

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The Timing of Lawmaking by Frank Fagan,Saul Levmore Pdf

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?

Time, Law, and Change

Author : International Conference on Law and Time
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 2020
Category : Electronic books
ISBN : 1509930965

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Time, Law, and Change by International Conference on Law and Time Pdf

Offering a unique perspective of an overlooked subject, the relationship between time, change, and lawmaking, this edited collection brings together world-leading experts to consider how time considerations and social, political, and technological change affect the legislative process, the interpretation of laws, and the definition of the powers of the executive and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and lawmaking. The first part offers both legal,theoretical, and historical perspectives on the influence of time and change on legal interpretation, legislative quality, and constitutional resilience. The second part offers the reader an analysis of the phenomenon of inter-temporality in the constitutional process as well as a theoretical and empirical reflection upon the meaning of the principle of legal certainty and legitimate expectations. The third part of the book analyses how specific times shape the law. By 'specific times' the editors wish to refer to situations that put the rule of law or citizens' protection at stake in different ways. The fourth part addresses the complex relationship between technological change and lawmaking

Time, Law, and Change

Author : Sofia Ranchordás,Yaniv Roznai
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 45,7 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509930951

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Time, Law, and Change by Sofia Ranchordás,Yaniv Roznai Pdf

Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.

Lawmaking by Initiative

Author : Philip L. Dubois
Publisher : Algora Publishing
Page : 278 pages
File Size : 46,8 Mb
Release : 1998
Category : Political Science
ISBN : 9780875863122

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Lawmaking by Initiative by Philip L. Dubois Pdf

This book describes the history of the initiative process and the major issues that have arisen during its increasing use in recent years. By elucidating the problems that have arisen and their possible solutions, the authors seek both to inform the debate about the wisdom of the initiative and to offer suggestions for improvement to jurisdictions that choose to use the process. With the aid of more than 40 charts and tables, the authors compare the major features of the initiative in the American jurisdictions that have adopted the procedure-24 states and the District of Columbia. They draw particularly on the experience in California, the most frequent U.S. user of the initiative and a major battleground in the development of ideas about the process. The book also discusses the use of the initiative in other countries, particularly Switzerland, where the process originated and the only other major country in the world that makes extensive use of the initiative today.

A Socio-Legal Theory of Money for the Digital Commercial Society

Author : Israel Cedillo Lazcano
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 50,8 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509969708

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A Socio-Legal Theory of Money for the Digital Commercial Society by Israel Cedillo Lazcano Pdf

This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.

International Environmental Law-making and Diplomacy

Author : Tuomas Kuokkanen,Ed Couzens,Tuula Honkonen,Melissa Lewis
Publisher : Routledge
Page : 260 pages
File Size : 48,6 Mb
Release : 2016-01-29
Category : Law
ISBN : 9781317530244

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International Environmental Law-making and Diplomacy by Tuomas Kuokkanen,Ed Couzens,Tuula Honkonen,Melissa Lewis Pdf

Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.

Production of Legal Rules

Author : Francesco Parisi
Publisher : Edward Elgar Pub
Page : 431 pages
File Size : 43,5 Mb
Release : 2011
Category : Business & Economics
ISBN : 1848440324

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Production of Legal Rules by Francesco Parisi Pdf

'The economic analysis of the production of legal rules has been so far spread over many legal books and articles focusing on other topics. This fascinating volume, edited by Francesco Parisi, is the first book dealing with the production of legal rules in a systemic and comprehensive way. A dream-team of scholars from both the United States and Europe use economics tools to investigate legislation, regulation, judge-made law, social norms, customary law, and international law. Legislators, regulators, judges, economists, practicing and academic lawyers should not miss reading this book.' - Ariel Porat, Tel Aviv University, Israel

The Logic of Law Making in Islam

Author : Behnam Sadeghi
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,9 Mb
Release : 2013-02-11
Category : History
ISBN : 9781139789257

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The Logic of Law Making in Islam by Behnam Sadeghi Pdf

This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.

Legislative Procedures and Lawmaking in Central America

Author : Natalia Ajenjo
Publisher : VDM Publishing
Page : 208 pages
File Size : 49,6 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134516439

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Legislative Procedures and Lawmaking in Central America by Natalia Ajenjo Pdf

The book covers issues of constitutional design, legislative procedures and agenda control four Central American cases in a comparative perspective. The results relate to the critical view that presidential systems are inherently prone to institutional deadlock, deriving from their rigid constitutional design. My findings suggest that constitutional rules only determine broad parameters of variation, and that greater attention should be paid to the endogenous procedural design of the legislative process of decision-making in the explanation of institutional performance and inter-branch dynamics. The work is comparative and bridges quantitative and qualitative analysis. The data employed are original of lawmaking in one legislative term for the four cases under analysis. A final set of normative reflections includes ideas on the relevance of understanding constitutional choice. The theoretical, substantive and methodological implications of the findings are thus reinserted into a normative view on procedural justice and the quality of democracy.

Publicity in International Lawmaking

Author : Marie Aronsson-Storrier
Publisher : Cambridge University Press
Page : 183 pages
File Size : 48,9 Mb
Release : 2020-12-03
Category : Law
ISBN : 9781108494380

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Publicity in International Lawmaking by Marie Aronsson-Storrier Pdf

This book explores the requirement of publicity in international lawmaking through the lens of covert and quasi-covert uses of force.

Transnational Lawmaking Coalitions for Human Rights

Author : Nina Reiners
Publisher : Cambridge University Press
Page : 215 pages
File Size : 48,6 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781108845540

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Transnational Lawmaking Coalitions for Human Rights by Nina Reiners Pdf

Explores how expert bodies and non-state empowered professionals come together to shape human rights law.

Global Lawmakers

Author : Susan Block-Lieb,Terence C. Halliday
Publisher : Cambridge University Press
Page : 481 pages
File Size : 51,8 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107187580

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Global Lawmakers by Susan Block-Lieb,Terence C. Halliday Pdf

Lawmaking by international organizations has enormous influence over world trade and national economies. This book explores who makes that law and how.

House of Commons Procedure and Practice

Author : Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit
Publisher : Unknown
Page : 1216 pages
File Size : 40,7 Mb
Release : 2000
Category : Canada
ISBN : UCBK:C070750942

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House of Commons Procedure and Practice by Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit Pdf

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.

The Role of Governments in Legislative Agenda Setting

Author : Bjorn Erik Rasch,George Tsebelis
Publisher : Routledge
Page : 306 pages
File Size : 44,8 Mb
Release : 2013-07-04
Category : Law
ISBN : 9781136870460

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The Role of Governments in Legislative Agenda Setting by Bjorn Erik Rasch,George Tsebelis Pdf

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.