Law Making Is The Regime Of Legislature A Critical Overview Of The Partnership Model
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Law Making Is The Regime Of Legislature A Critical Overview Of The Partnership Model
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Author : Anonymous
language : en
Publisher: GRIN Verlag
Release Date : 2021
Law Making Is The Regime Of Legislature A Critical Overview Of The Partnership Model written by Anonymous and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Essay from the year 2021 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: A, language: English, abstract: The main topic of this paper is to frame a critique of the so-called partnership model in jurisdiction between the legislature and the judiciary- The hallmark of 19th and 20th century doctrines of interpretation has been that they premise themselves on the principle that a court ought to interpret law as it stands. The function of the court is to interpret the language of a statute, whereas it is for the legislature to make enactments and for the courts to enforce such enactments. Courts are not legislators, they have to carry out loyally the directions of the legislature. Two models of interpretation stands in present world, agency and partnership model. According to the agency model while interpreting a statute, the Court has to discover the intent of the legislature or the purpose behind legislation. The partnership model views the Court as a partner in legislative enterprise with legislature, hence, while interpreting a statute the Court should seek a sensible to avoid rigors of law. Judge does not create normative text but rather gives it meaning. The static vision of statutory interpretation prescribed by traditional doctrine is strikingly outdated. Interpretation of a statute evolves over time because of changing factual contexts and the changing perspectives of its interpreters. Statutory interpretation should appropriately balance a number of factors, including predictability and certainty, economic efficiency, fairness, and the public interest.
Uncitral Legislative Guide On Public Private Partnerships
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Author : United Nations
language : en
Publisher:
Release Date : 2020-12-28
Uncitral Legislative Guide On Public Private Partnerships written by United Nations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-28 with Political Science categories.
The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.
Separation Of Powers In African Constitutionalism
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2016-03-03
Separation Of Powers In African Constitutionalism written by Charles M. Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
Unorthodox Lawmaking
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Author : Barbara Sinclair
language : en
Publisher: CQ Press
Release Date : 2016-06-22
Unorthodox Lawmaking written by Barbara Sinclair and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-22 with Political Science categories.
Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
Collective Bargaining In Labour Law Regimes
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Author : Ulla Liukkunen
language : en
Publisher: Springer Nature
Release Date : 2019-10-02
Collective Bargaining In Labour Law Regimes written by Ulla Liukkunen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-02 with Law categories.
This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.
Aristotle S Legal Theory
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Author : George Duke
language : en
Publisher: Cambridge University Press
Release Date : 2019-12-19
Aristotle S Legal Theory written by George Duke 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 2019-12-19 with History categories.
This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
The Singapore Legal System
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Author : Walter C. M. Woon
language : en
Publisher:
Release Date : 1989
The Singapore Legal System written by Walter C. M. Woon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Constitutional law categories.
Overview Of Public Private Partnerships In Highway And Transit Projects 113 57 March 5 2014
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Author : United States. Congress. House. Committee on Transportation and Infrastructure. Panel on Public-Private Partnerships
language : en
Publisher:
Release Date : 2014
Overview Of Public Private Partnerships In Highway And Transit Projects 113 57 March 5 2014 written by United States. Congress. House. Committee on Transportation and Infrastructure. Panel on Public-Private Partnerships and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Infrastructure (Economics) categories.
Critical Legal Perspectives On Global Governance
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Author : Gráinne de Búrca
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-12-20
Critical Legal Perspectives On Global Governance written by Gráinne de Búrca and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-20 with Law categories.
This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.
Legislation In Europe
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Author : Ulrich Karpen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-23
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 2017-02-23 with Law categories.
This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.