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Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1782255087
Category : Law
Languages : en
Pages : 490
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Book Description
This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
Author: Helen Xanthaki
Publisher: Bloomsbury Publishing
ISBN: 1782255087
Category : Law
Languages : en
Pages : 490
Get Book Here
Book Description
This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
Author: James M. Curry
Publisher: University of Chicago Press
ISBN: 022628185X
Category : Political Science
Languages : en
Pages : 288
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Book Description
Political science scholar James M. Curry explores the inner workings of Congress’s House of Representatives in this thought-provoking analysis. The 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn’t even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time? The answer? They aren’t. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons—lacking the time and resources to study bills deeply themselves—are forced to rely on information and cues from their leadership. By controlling their rank-and-file’s access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer. Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science. “Curry brings fresh insight and a breadth of evidence to bear on the role of information in lawmaking, including extensive interviews with legislators and staff and in-depth case studies of several pieces of legislation. Engagingly written, the book will enhance our understandings of congressional lawmaking and leadership and will be of interest to scholars of legislative studies and public policy.” —Tracy Sulkin, University of Illinois at Urbana-Champaign
Author: Virgilio Zapatero Gómez
Publisher: Springer Nature
ISBN: 303023388X
Category : Law
Languages : en
Pages : 235
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Book Description
Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.
Author: G. C. Thornton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 394
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Book Description
Author: John C. Green
Publisher: Lexington Books
ISBN: 073915706X
Category : Political Science
Languages : en
Pages : 259
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Book Description
Legislative term limits are reshaping the political landscape in numerous states; however, few of the effects are consistent across all states. Everything from the political environment to the level of legislative professionalism within a state influences the trends that are often attributed to term limits. To cut through these many trends and isolate the ones most likely created by term limits, this volume develops comparisons of states with term limits to similar states without term limits. The comparisons are organized by levels of legislative professionalism. The richness of the case study approach allows the contributors to Legislating Without Experience to offer valuable insights into the legislative process in each of the specific states. They also illuminate the individual idiosyncrasies that enhance or dilute the effects of term limits in a given state. Rarely does a case study book with multiple contributors offer apples-to-apples data comparisons. This project engaged nationally recognized scholars to collect and analyze comparable data in each state. The loss of major power brokers and their institutional memory makes the legislature a more chaotic place. Legislating Without Experience argues that on the whole, the legislature as an institution has been weakened by term limits. However, these effects vary from state to state based on the specifics of the limit and the degree of legislative professionalism. Importantly, legislative actors are adapting to the limits and making the best of a difficult situation. This book will be an excellent reference for students and scholars of state politics, legislative process, and term limits.
Author: Thomas Glyn Watkin
Publisher: University of Wales Press
ISBN: 1786833018
Category : Law
Languages : en
Pages : 285
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Book Description
It provides a critical description and evaluation of how laws are made for Wales including the most recent changes made by the Wales Act 2017 which come into effect in 2018. It analyses and assesses the process of preparing and drafting legislation for Wales in terms of the requirements of democratic processes and respect for the rule of law. It analyses and assesses the legislative procedures of the legislatures which make law for Wales, explaining how they reflect the demands of law-making in a representative democracy. It is written in a clear and accessible style which does not require prior knowledge of its subject matter. It is written by two authors who between them have considerable experience at the highest levels of the law-making processes of Wales and the UK.
Author: Neil Duxbury
Publisher: Cambridge University Press
ISBN: 1107021871
Category : Law
Languages : en
Pages : 267
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Book Description
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Author: Grégoire Webber
Publisher: Cambridge University Press
ISBN: 1108642500
Category : Political Science
Languages : en
Pages : 223
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Book Description
The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
Author: Jessica Litman
Publisher: Prometheus Books
ISBN: 161592051X
Category : Law
Languages : en
Pages : 216
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Book Description
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Author: David J. Langum
Publisher: University of Chicago Press
ISBN: 0226468704
Category : History
Languages : en
Pages : 324
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Book Description
Crossing over the Line describes the folly of the Mann Act of 1910—a United States law which made travel from one state to another by a man and a woman with the intent of committing an immoral act a major crime. Spawned by a national wave of "white slave trade" hysteria, the Act was created by the Congress of the United States as a weapon against forced prostitution. This book is the first history of the Mann Act's often bizarre career, from its passage to the amendment that finally laid it low. In David J. Langum's hands, the story of the Act becomes an entertaining cautionary tale about the folly of legislating private morality. Langum recounts the colorful details of numerous court cases to show how enforcement of the Act mirrored changes in America's social attitudes. Federal prosecutors became masters in the selective use of the Act: against political opponents of the government, like Charlie Chaplin; against individuals who eluded other criminal charges, like the Capone mobster "Machine Gun" Jack McGurn; and against black men, like singer Chuck Berry and boxer Jack Johnson, who dared to consort with white women. The Act engendered a thriving blackmail industry and was used by women like Frank Lloyd Wright's wife to extort favorable divorce settlements. "Crossing over the Line is a work of scholarship as wrought by a civil libertarian, and the text . . . sizzles with the passion of an ardent believer in real liberty under reasonable laws."—Jonathan Kirsch, Los Angeles Times
