Conceptions And Misconceptions Of Legislation
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Conceptions And Misconceptions Of Legislation
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Author : A. Daniel Oliver-Lalana
language : en
Publisher: Springer
Release Date : 2019-06-14
Conceptions And Misconceptions Of Legislation written by A. Daniel Oliver-Lalana and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-14 with Law categories.
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Comparative Multidisciplinary Perspectives On Omnibus Legislation
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Author : Ittai Bar-Siman-Tov
language : en
Publisher: Springer Nature
Release Date : 2021-05-27
Comparative Multidisciplinary Perspectives On Omnibus Legislation written by Ittai Bar-Siman-Tov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-27 with Law categories.
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.
Exploring The Province Of Legislation
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Author : Francesco Ferraro
language : en
Publisher: Springer Nature
Release Date : 2022-01-12
Exploring The Province Of Legislation written by Francesco Ferraro and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-12 with Law categories.
Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Handbook Of Parliamentary Studies
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Author : Cyril Benoît
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Handbook Of Parliamentary Studies written by Cyril Benoît and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.
Legislation In Europe
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Author : Ulrich Karpen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-10
Legislation In Europe written by Ulrich Karpen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses: - the national constitutional environment and its connection with EU law; - the nature and types of legislation; - the legislative process; - the drafting process; - jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe. Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.
Bentham On Democracy Courts And Codification
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Author : Philip Schofield
language : en
Publisher: Cambridge University Press
Release Date : 2022-09
Bentham On Democracy Courts And Codification written by Philip Schofield and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09 with Law categories.
Offers a comprehensive account of Bentham's mature, distinctive thought on democracy, courts, codification, and cosmopolitanism.
Interpretivism And The Limits Of Law
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Author : Tomasz Gizbert-Studnicki
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-08
Interpretivism And The Limits Of Law written by Tomasz Gizbert-Studnicki and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-08 with Law categories.
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Debating Laws
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Author : A. Daniel Oliver-Lalana
language : en
Publisher: Springer Nature
Release Date : 2024-01-01
Debating Laws written by A. Daniel Oliver-Lalana and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-01 with Law categories.
This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part followapproaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.
Proportionality Balancing And Rights
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Author : Jan-R. Sieckmann
language : en
Publisher: Springer Nature
Release Date : 2021-08-12
Proportionality Balancing And Rights written by Jan-R. Sieckmann and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
The book focuses on Robert Alexy’s theory of constitutional rights. Alexy systematically presented the theory in his seminal book “Theorie der Grundrechte” (1985; Engl. translation “Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy’s theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
The Art Of Legislating
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Author : Virgilio Zapatero Gómez
language : en
Publisher: Springer Nature
Release Date : 2019-10-11
The Art Of Legislating written by Virgilio Zapatero Gómez and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-11 with Law categories.
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.