Описание: Based on selected papers from the International Association of Legislation’s 2018 Conference at Antwerp University this book considers the challenges posed by lawmaking in multi-level settings. It covers all multi-tiered systems, but a major focus is on the EU, where the tension between autonomy and efficacy is most evident.Part I examines the topic at the broadest level, including all types of multi-tiered systems. Part II focuses on the EU perspective and Part III on the perspective of the Member States.The authors are experts in various disciplines as well as practitioners, ensuring a multi-disciplinary approach.
Автор: Me?erschmidt Название: Rational Lawmaking under Review ISBN: 3319332155 ISBN-13(EAN): 9783319332154 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court?s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.
Автор: Jonathan Lewallen Название: Committees and the Decline of Lawmaking in Congress ISBN: 0472132067 ISBN-13(EAN): 9780472132065 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 9425.00 р. Наличие на складе: Нет в наличии.
Описание: The public, journalists, and legislators themselves have often lamented a decline in congressional lawmaking in recent years, often blaming party politics for the lack of legislative output. In Committees and the Decline of Lawmaking in Congress, Dr. Lewallen examines the decline in lawmaking from a new, committee-centered perspective. Dr. Lewallen tests his theory against other explanations such as partisanship and an increased demand for oversight with multiple empirical tests and traces shifts in policy activity by policy area using the Policy Agendas Project coding scheme. He finds that because party leaders have more control over the legislative agenda, committees have spent more of their time conducting oversight instead. Partisanship alone does not explain this trend; changes in institutional rules and practices that empowered party leaders have created more uncertainty for committees and contributed to a shift in their policy activities. The shift towards oversight at the committee level combined with party leader control over the voting agenda means that many members of Congress are effectively cut out of many of the institution’s policy decisions. This book comes at a time when many including Congress itself are considering changes to modernize the institution and keep up with a stronger executive branch. The book’s findings suggest that strengthening Congress will require more than finding different candidates or providing additional resources.
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