Quasi Legislation
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Quasi Legislation
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Author : Gabriele Ganz
language : en
Publisher:
Release Date : 1987
Quasi Legislation written by Gabriele Ganz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Administrative law categories.
Quasi Constitutionality And Constitutional Statutes
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Author : Richard Albert
language : en
Publisher: Routledge
Release Date : 2019-04-01
Quasi Constitutionality And Constitutional Statutes written by Richard Albert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-01 with Law categories.
This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Parliamentary Scrutiny Of Quasi Legislation
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Author : Stephen Argument
language : en
Publisher:
Release Date : 1992
Parliamentary Scrutiny Of Quasi Legislation written by Stephen Argument and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Administrative law categories.
The Development Of Global Legislative Politics
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Author : Takashi Inoguchi
language : en
Publisher: Springer Nature
Release Date : 2019-11-09
The Development Of Global Legislative Politics written by Takashi Inoguchi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-09 with Philosophy categories.
This book is the first systematic scientific study of global quasi-legislation. Taking public opinion and multilateral agreements as the international equivalent to national election and passing laws on the national scale, and extending nation-state concepts to a global society, it analyzes citizens' preferences and the state's willingness to enter into 120 multilateral treaties. After identifying the links as a first step toward conceptualizing quasi-legislative global politics, the book examines how each of the 193 states manifests quasi-legislative behavior by factor-analyzing six instrumental variables such as treaty participation index and six policy domains of multilateral treaties, including peace and trade. It then discusses global change between 1989 and 2008, and conceptually and empirically examines the three theories of global politics that originated during that period: the theory of power transition, theory of civilizational clash and theory of global legislative politics. Lastly, it proposes a theory of global legislative politics. Shedding fresh light on the transformative nature of multilateral treaties, this book attracts researchers and students in political philosophy, international law and international relations as well as practitioners and journalists. Inoguchi and Le have developed a genuinely original perspective on world politics, one that opens up a new research agenda for thinking about state and global actors simultaneously.-- Anne-Marie Slaughter, Bert G. Kerstetter '66 University Professor Emerita of Politics and International Affairs, Princeton University This is one of those books that warrant a global readership given its emphasis on the implied trust that we invest in public institutions as viewed from an interdisciplinary perspective. -- Richard J. Estes, Professor of Social Policy & Practice, University of Pennsylvania, Philadelphia, Pennsylvania This book is innovative and distinctive in carving out a new way to look at “global legislative politics.” I do not know of anything that compares in this interesting and novel niche of international relations analysis.-- William R. Thompson, Distinguished Professor and Rogers Chair of Political Science Emeritus, Indiana University
Legislative Control Over Executive Law Making
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Author : Nikoleta Yordanova
language : en
Publisher:
Release Date : 2020
Legislative Control Over Executive Law Making written by Nikoleta Yordanova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Most EU legislation consists of executive acts of the European Commission. The Lisbon Treaty introduced a new type of EU executive legislation - delegated acts, which give the European Parliament formal powers of legislative scrutiny equal to those of the EU Council. Thus, the use of delegated acts could reinforce the institutional balance of power and help reduce the EU's democratic deficit. We studied the situations when the Parliament and the Council agreed to grant the Commission the right to adopt delegated acts, considering the preference constellations of legislative and executive actors and legislative complexity. Using a novel dataset on post-Lisbon legislation, we found that delegated acts are more likely in cases of high legislative complexity and when the Council sees the Parliament as an ally vis-à-vis the Commission. However, the European Parliament gets no say over executive measures when doing so could shift policy outcomes away from the Council's preferences, raising doubts about the effectiveness of parliamentary control.
Constitutional Morality And The Rise Of Quasi Law
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Author : Bruce P. Frohnen
language : en
Publisher: Harvard University Press
Release Date : 2016-06-13
Constitutional Morality And The Rise Of Quasi Law written by Bruce P. Frohnen and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-13 with Law categories.
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
The Application Of Quasi Constitutional Laws
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Author : James Spigelman
language : en
Publisher:
Release Date : 2011
The Application Of Quasi Constitutional Laws written by James Spigelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The scope of constitutional law is not confined to the exegesis of a specific text called “The Constitution”. Particularly in nations that have inherited the Westminster system of government from the United Kingdom, which has no written constitution, some statutes and common law doctrines are of such fundamental significance that they should be recognised as constitutional in nature. These include the range of presumptions of the law of statutory interpretation which can be categorised as a common law bill of rights. The interpretation of legislation which may affect fundamental rights and liberties proceeds by the application of a “clear statement principle”, based on the assumption that a legislature would not abrogate any such rights without clear and unambiguous words. This paper compares the clear statement principle with the application of statutory provisions in contemporary Human Rights Acts that require courts to strive to interpret other legislation to be compliant with the human rights protected by such statutes. These special principles of statutory interpretation reflect the quasi-constitutional nature of the common law bill of rights or the rights listed in a Human Rights Act.
Quasi Constitutional Laws Of Canada
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Author : John Helis
language : en
Publisher:
Release Date : 2018-09-28
Quasi Constitutional Laws Of Canada written by John Helis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
This work provides a much-needed overview of quasi-constitutional laws of Canada. These laws comprise several categories of federal and provincial statutes, including human rights, access-to-information, privacy, language rights, and the traditional civil liberties, as well as a common law principle.
Constitutional Remedies In Asia
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Author : Po Jen Yap
language : en
Publisher: Routledge
Release Date : 2019-03-07
Constitutional Remedies In Asia written by Po Jen Yap and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-07 with Social Science categories.
Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.
Women And The Law
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Author : Joan A. Brathwaite
language : en
Publisher:
Release Date : 1999
Women And The Law written by Joan A. Brathwaite and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with History categories.