The Art Of Legislating
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| Author | : Virgilio Zapatero Gómez |
| Publisher | : Springer Nature |
| Total Pages | : 228 |
| Release | : 2019-10-11 |
| Genre | : Law |
| ISBN | : 303023388X |
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 | : Helen Xanthaki |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 402 |
| Release | : 2014-10-16 |
| Genre | : Law |
| ISBN | : 1782255079 |
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 |
| Total Pages | : 288 |
| Release | : 2015-09-14 |
| Genre | : Political Science |
| ISBN | : 022628185X |
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 | : Dave Bishop |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Biography & Autobiography |
| ISBN | : 9780873519793 |
A pragmatic guide to the legislative process, with proven techniques for legislating from the minority side of the aisle--and powerful insights on how collaboration makes for better lawmaking.
| Author | : Ambrose Tighe |
| Publisher | : |
| Total Pages | : 10 |
| Release | : 1908 |
| Genre | : Legislation |
| ISBN | : |
| Author | : Jeremy Bentham |
| Publisher | : |
| Total Pages | : 378 |
| Release | : 1879 |
| Genre | : Civil law |
| ISBN | : |
Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
| Author | : G. C. Thornton |
| Publisher | : |
| Total Pages | : 394 |
| Release | : 1979 |
| Genre | : Law |
| ISBN | : |
| Author | : John C. Green |
| Publisher | : Lexington Books |
| Total Pages | : 259 |
| Release | : 2007-12-14 |
| Genre | : Political Science |
| ISBN | : 073915706X |
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 | : W. Lee Rawls |
| Publisher | : |
| Total Pages | : 108 |
| Release | : 1999 |
| Genre | : Legislation |
| ISBN | : |
| Author | : Dustin Kidd |
| Publisher | : Routledge |
| Total Pages | : 204 |
| Release | : 2014-04-08 |
| Genre | : Art |
| ISBN | : 1135165777 |
How does political policy-making shape the creative activities of artists? Do the political interests of artists influence actual political practices in any way? Legislating Creativity examines the relationship between art and politics through an analysis of controversial art projects tied to the National Endowment for the Arts during the Culture Wars (late 1980s-1990s). Though there have always been tensions in government funding for the arts, these controversies intensified the public debates surrounding art/politics and remain as a focal point in conversations that continue today. The book focuses on three case studies: Mapplethorpe's controversial photography, an exhibit on the impact of AIDS entitled Witnesses, and the Guerrilla Girls. Dustin Kidd has provided a thoroughly enriching look at the intersections of art and politics—the ways that political practices transform creative expression and the ways that artistic drives shape political policies.
