The Equilibrium of Parliamentary Law-making

The Equilibrium of Parliamentary Law-making
Author: Viktor Kazai
Publisher: Taylor & Francis
Total Pages: 212
Release: 2024-08-01
Genre: Law
ISBN: 1040097502

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.

The Oxford Handbook of Legislative Studies

The Oxford Handbook of Legislative Studies
Author: Shane Martin
Publisher: Oxford University Press, USA
Total Pages: 785
Release: 2014
Genre: Political Science
ISBN: 0199653011

Legislatures are arguably the most important political institution in modern democracies. The Oxford Handbook of Legislative Studies, written by some of the most distinguished legislative scholars in political science, provides a comprehensive and up-to-date description and critical assessment of the state of the art in this key area.

Comparative Constitutional Design

Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 407
Release: 2012-02-27
Genre: Law
ISBN: 1107020565

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

The Politics of Parliamentary Debate

The Politics of Parliamentary Debate
Author: Sven-Oliver Proksch
Publisher: Cambridge University Press
Total Pages: 223
Release: 2015
Genre: Political Science
ISBN: 110707276X

This book explains how parties and their members of parliament structure parliamentary debate, providing novel insights into intra-party politics and representation.

The Role of Governments in Legislative Agenda Setting

The Role of Governments in Legislative Agenda Setting
Author: Bjorn Erik Rasch
Publisher: Routledge
Total Pages: 328
Release: 2013-07-04
Genre: Political Science
ISBN: 1136870458

Setting the agenda for parliament is the most significant institutional weapon for governments to shape policy outcomes, because governments with significant agenda setting powers, like France or the UK, are able to produce the outcomes they prefer, while governments that lack agenda setting powers, such as the Netherlands and Italy in the beginning of the period examined, see their projects significantly altered by their Parliaments. With a strong comparative framework, this coherent volume examines fourteen countries and provides a detailed investigation into the mechanisms by which governments in different countries determine the agendas of their corresponding parliaments. It explores the three different ways that governments can shape legislative outcomes: institutional, partisan and positional, to make an important contribution to legislative politics. It will be of interest to students and scholars of comparative politics, legislative studies/parliamentary research, governments/coalition politics, political economy, and policy studies.

The Oxford Handbook of Swedish Politics

The Oxford Handbook of Swedish Politics
Author: Jon Pierre
Publisher: Oxford University Press
Total Pages: 737
Release: 2016
Genre: Political Science
ISBN: 0199665672

The Handbook provides a broad introduction to Swedish politics, and how Sweden's political system and policies have evolved over the past few decades.

Charter Conflicts

Charter Conflicts
Author: Janet Hiebert
Publisher: McGill-Queen's Press - MQUP
Total Pages: 310
Release: 2002
Genre: Law
ISBN: 9780773524088

The first comprehensive examination of how the Charter influences political choices on social policy.

The Rule of Law History, Theory and Criticism

The Rule of Law History, Theory and Criticism
Author: Pietro Costa
Publisher: Springer Science & Business Media
Total Pages: 699
Release: 2007-05-06
Genre: Law
ISBN: 1402057458

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Comparative Multidisciplinary Perspectives on Omnibus Legislation

Comparative Multidisciplinary Perspectives on Omnibus Legislation
Author: Ittai Bar-Siman-Tov
Publisher: Springer Nature
Total Pages: 333
Release: 2021-05-27
Genre: Law
ISBN: 3030727483

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.