The Dynamics Of Law Making
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The Dynamics Of Law Making
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Author : Arne Jarrick
language : en
Publisher:
Release Date : 2018
The Dynamics Of Law Making written by Arne Jarrick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
The Mechanics Of Law Making
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Author : Courtenay Ilbert
language : en
Publisher: Legare Street Press
Release Date : 2023-07-18
The Mechanics Of Law Making written by Courtenay Ilbert and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-18 with categories.
An original article published in 1911, the Mechanics of Law Making addresses the multiple aspects of the legislative process, such as the influence of the electorate, the role of social diversity and levelling, the mechanics of debate and voting, and the dynamics of making the law work effectively as a system. It is worth reading for students, scholars, and readers of political theory and philosophy who want to overcome the limits of the contemporary legal system. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Dynamics Of Law
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Author : Michael S. Hamilton
language : en
Publisher: M.E. Sharpe
Release Date : 2008-01-24
The Dynamics Of Law written by Michael S. Hamilton and has been published by M.E. Sharpe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-24 with Business & Economics categories.
Thoroughly revised and updated, this widely used text offers a concise introduction to the American legal system for students without a legal background. The book's coverage is cross-disciplinary, informed by the literature of law, business administration and the social sciences, especially public administration and policy. Its goal is to give non-lawyers in all these areas a lucid overview of the workings of the American legal system as it may affect individuals and organizations in their interactions with each other and the environment. Unlike longer, more expensive competing works, The Dynamics of Law presents its subject with clarity and precision, and minimal use of legal terms. It offers clear explanations of how to brief a case and how statutes and regulations are codified in the United States. Study problems and review questions in each chapter, drawn from legal literature as well as general interest articles and books, are designed to stimulate classroom discussion.
The Dynamics Of Law
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Author : George W. Spiro
language : en
Publisher: Harcourt Brace College Publishers
Release Date : 1992
The Dynamics Of Law written by George W. Spiro and has been published by Harcourt Brace College Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Rule Of Law Dynamics
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Author : Michael Zurn
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18
Rule Of Law Dynamics written by Michael Zurn 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 2012-06-18 with Law categories.
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Making Policy Making Law
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Author : Mark Carlton Miller
language : en
Publisher: Georgetown University Press
Release Date : 2004
Making Policy Making Law written by Mark Carlton Miller and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Political Science categories.
This volume proposes a new way of understanding the policymaking process in the United States by examining the complex interactions among the three branches of government, executive, legislative, and judicial. Collectively across the chapters a central theme emerges, that the U.S. Constitution has created a policymaking process characterized by ongoing interaction among competing institutions with overlapping responsibilities and different constituencies, one in which no branch plays a single static part. At different times and under various conditions, all governing institutions have a distinct role in making policy, as well as in enforcing and legitimizing it. This concept overthrows the classic theories of the separation of powers and of policymaking and implementation (specifically the principal-agent theory, in which Congress and the presidency are the principals who create laws, and the bureaucracy and the courts are the agents who implement the laws, if they are constitutional). The book opens by introducing the concept of adversarial legalism, which proposes that the American mindset of frequent legal challenges to legislation by political opponents and special interests creates a policymaking process different from and more complicated than other parliamentary democracies. The chapters then examine in depth the dynamics among the branches, primarily at the national level but also considering state and local policymaking. Originally conceived of as a textbook, because no book exists that looks at the interplay of all three branches, it should also have significant impact on scholarship about national lawmaking, national politics, and constitutional law. Intro., conclusion, and Dodd's review all give good summaries.
Law Making Is The Regime Of Legislature A Critical Overview Of The Partnership Model
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Author :
language : en
Publisher: GRIN Verlag
Release Date : 2021-04-20
Law Making Is The Regime Of Legislature A Critical Overview Of The Partnership Model written by and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 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.
The Dynamics Of The Legal System
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Author : Giuseppe Dari-Mattiacci
language : en
Publisher:
Release Date : 2011
The Dynamics Of The Legal System written by Giuseppe Dari-Mattiacci 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.
We present a dynamic model of noncontractual litigation in which the parties' decision whether to litigate depends on information produced by courts and, vice versa, the courts' involvement in the lawmaking process depends on the cases proposed by the parties. Thereby, we integrate in one model the two main functions of the judiciary (adjudication and lawmaking) and study their interplay. Our model offers a dynamic, cyclical perspective on the evolution of the legal system over time and sheds new light on the causes for high litigation rates and on judge-made law versus statutes.
On Law Politics And Judicialization
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Author : Martin Shapiro
language : en
Publisher: OUP Oxford
Release Date : 2002-08-22
On Law Politics And Judicialization written by Martin Shapiro and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-22 with Political Science categories.
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' around the world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Law And Public Choice
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Author : Daniel A. Farber
language : en
Publisher: University of Chicago Press
Release Date : 2010-07-15
Law And Public Choice written by Daniel A. Farber and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-15 with Law categories.
In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School