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Law Making Is The Regime Of Legislature A Critical Overview Of The Partnership Model
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Book Synopsis Law making is the Regime of Legislature. A Critical Overview of the Partnership Model by :
Download or read book Law making is the Regime of Legislature. A Critical Overview of the Partnership Model written by and published by GRIN Verlag. This book was released on 2021-04-20 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 The static vision of statutory interpretation prescribed by traditional doctrine is strikingly outdated.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.
Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum
Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Book Synopsis Uncitral Legislative Guide on Public-Private Partnerships by : United Nations
Download or read book Uncitral Legislative Guide on Public-Private Partnerships written by United Nations and published by . This book was released on 2020-12-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.
Book Synopsis Unorthodox Lawmaking by : Barbara Sinclair
Download or read book Unorthodox Lawmaking written by Barbara Sinclair and published by CQ Press. This book was released on 2016-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
Book Synopsis The Oxford Handbook of Legislative Studies by : Shane Martin
Download or read book The Oxford Handbook of Legislative Studies written by Shane Martin and published by Oxford University Press, USA. This book was released on 2014 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Separation of Powers in African Constitutionalism by : Charles Manga Fombad
Download or read book Separation of Powers in African Constitutionalism written by Charles Manga Fombad and published by Oxford University Press. This book was released on 2016 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
Book Synopsis The Theory and Practice of Legislation by : Luc J. Wintgens
Download or read book The Theory and Practice of Legislation written by Luc J. Wintgens and published by Routledge. This book was released on 2017-03-02 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Book Synopsis The Handbook of National Legislatures by : M. Steven Fish
Download or read book The Handbook of National Legislatures written by M. Steven Fish and published by Cambridge University Press. This book was released on 2011-08-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where is the power? Students of politics have pondered this question and social scientists have scrutinized formal political institutions and the distribution of power among agencies of the government and the state. But we still lack a rich bank of data measuring the power of specific governmental agencies, particularly national legislatures. This book assesses the strength of the national legislature of every country in the world with a population of at least a half-million inhabitants. The Legislative Powers Survey (LPS), is a list of 32 items that gauges the legislature's sway over the executive, its institutional autonomy, its authority in specific areas, and its institutional capacity. Data were generated by means of a vast international survey of experts, extensive study of secondary sources, and painstaking analysis of constitutions and other relevant documents. Individual country chapters provide answers to each of the 32 survey items, supplemented by expert commentary and relevant excerpts from constitutions.
Book Synopsis Law, Liberty and State by : David Dyzenhaus
Download or read book Law, Liberty and State written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2015-05-28 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.
Book Synopsis Political Institutions under Dictatorship by : Jennifer Gandhi
Download or read book Political Institutions under Dictatorship written by Jennifer Gandhi and published by Cambridge University Press. This book was released on 2010-07-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Often dismissed as window-dressing, nominally democratic institutions, such as legislatures and political parties, play an important role in non-democratic regimes. In a comprehensive cross-national study of all non-democratic states from 1946 to 2002 that examines the political uses of these institutions by dictators, Gandhi finds that legislative and partisan institutions are an important component in the operation and survival of authoritarian regimes. She examines how and why these institutions are useful to dictatorships in maintaining power, analyzing the way dictators utilize institutions as a forum in which to organize political concessions to potential opposition in an effort to neutralize threats to their power and to solicit cooperation from groups outside of the ruling elite. The use of legislatures and parties to co-opt opposition results in significant institutional effects on policies and outcomes under dictatorship.
Book Synopsis Dynamic Statutory Interpretation by : William N. Eskridge
Download or read book Dynamic Statutory Interpretation written by William N. Eskridge and published by Harvard University Press. This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Download or read book Water Code written by Texas and published by . This book was released on 1972 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Coercive Control written by Evan Stark and published by Oxford University Press. This book was released on 2009 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
Book Synopsis Some Reflections on the Reading of Statutes by : Felix Frankfurter
Download or read book Some Reflections on the Reading of Statutes written by Felix Frankfurter and published by . This book was released on 1947 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guidelines for Protected Areas Legislation by : Barbara J. Lausche
Download or read book Guidelines for Protected Areas Legislation written by Barbara J. Lausche and published by IUCN. This book was released on 2011 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.
Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet
Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Book Synopsis Collective Bargaining in Labour Law Regimes by : Ulla Liukkunen
Download or read book Collective Bargaining in Labour Law Regimes written by Ulla Liukkunen and published by Springer Nature. This book was released on 2019-10-02 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.
