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Legislative Drafting And Transformative Laws
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Book Synopsis Legislative Drafting for Democratic Social Change by : Ann Seidman
Download or read book Legislative Drafting for Democratic Social Change written by Ann Seidman and published by Kluwer Law International B.V.. This book was released on 2001-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: A. The law part
Book Synopsis Drafting Legislation by : Constantin Stefanou
Download or read book Drafting Legislation written by Constantin Stefanou and published by Routledge. This book was released on 2016-05-13 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.
Book Synopsis Legislative Drafting and Transformative Laws by : Epiphany Azinge
Download or read book Legislative Drafting and Transformative Laws written by Epiphany Azinge and published by . This book was released on 2013 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Drafting Legislation by : Helen Xanthaki
Download or read book Drafting Legislation written by Helen Xanthaki and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legislative Drafting by : G. C. Thornton
Download or read book Legislative Drafting written by G. C. Thornton and published by . This book was released on 1979 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Executive Legislation by : John Mark Keyes
Download or read book Executive Legislation written by John Mark Keyes and published by . This book was released on 2010 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law As Engineering by : David Howarth
Download or read book Law As Engineering written by David Howarth and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' – Scott Boorman, Yale university, US 'This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' – Sir Bob Hepple, Professor, QC FBA 'This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' – Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.
Book Synopsis Chinese Law: Context and Transformation by : Jianfu Chen
Download or read book Chinese Law: Context and Transformation written by Jianfu Chen and published by Martinus Nijhoff Publishers. This book was released on 2015-12-22 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eight years of changes in China have passed since the publication of the previous highly successful edition of this book. These changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the main features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It offers comprehensive coverage of topics such as: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, and implementation of law. Fully revised, updated and considerably expanded, this editon of Chinese Law: Context and Transformation is a valuable and important resource for reasearchers, policy-makers and teachers alike.
Book Synopsis Comparative Multidisciplinary Perspectives on Omnibus Legislation by : Ittai Bar-Siman-Tov
Download or read book Comparative Multidisciplinary Perspectives on Omnibus Legislation written by Ittai Bar-Siman-Tov and published by Springer Nature. This book was released on 2021-05-27 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Pathways to Deep Decarbonization in the United States by : Michael Gerrard
Download or read book Legal Pathways to Deep Decarbonization in the United States written by Michael Gerrard and published by . This book was released on 2019-03-18 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Pathways to Deep Decarbonization in the United States provides a "legal playbook" for deep decarbonization in the United States, identifying well over 1,000 legal options for enabling the United States to address one of the greatest problems facing this country and the rest of humanity. The book is based on two reports by the Deep Decarbonization Pathways Project (DDPP) that explain technical and policy pathways for reducing U.S. greenhouse gas emissions by at least 80% from 1990 levels by 2050. This 80x50 target and similarly aggressive carbon abatement goals are often referred to as deep decarbonization, distinguished because it requires systemic changes to the energy economy. Legal Pathways explains the DDPP reports and then addresses in detail 35 different topics in as many chapters. These 35 chapters cover energy efficiency, conservation, and fuel switching; electricity decarbonization; fuel decarbonization; carbon capture and negative emissions; non-carbon dioxide climate pollutants; and a variety of cross-cutting issues. The legal options involve federal, state, and local law, as well as private governance. Authors were asked to include all options, even if they do not now seem politically realistic or likely, giving Legal Pathways not just immediate value, but also value over time. While both the scale and complexity of deep decarbonization are enormous, this book has a simple message: deep decarbonization is achievable in the United States using laws that exist or could be enacted. These legal tools can be used with significant economic, social, environmental, and national security benefits. Book Reviews "A growing chorus of Americans understand that climate change is the biggest public health, economic, and national security challenge our families have ever faced and they rightly ask, ''What can anyone do?'' Well, this book makes that answer very clear: we can do a lot as individuals, businesses, communities, cities, states, and the federal government to fight climate change. The legal pathways are many and the barriers are not insurmountable. In short, the time is now to dig deep and decarbonize." --Gina McCarthy, Former U.S. Environmental Protection Agency Administrator "Legal Pathways to Deep Decarbonization in the United States sets forth over 1,000 solutions for federal, state, local, and private actors to tackle climate change. This book also makes the math for Congress clear: with hundreds of policy options and 12 years to stop the worst impacts of climate change, now is the time to find a path forward." --Sheldon Whitehouse, U.S. Senator, Rhode Island "This superb work comes at a critical time in the history of our planet. As we increasingly face the threat and reality of climate change and its inevitable impact on our most vulnerable populations, this book provides the best and most current thinking on viable options for the future to address and ameliorate a vexing, worldwide challenge of extraordinary magnitude. Michael Gerrard and John Dernbach are two of the most distinguished academicians in the country on these issues, and they have assembled leading scholars and practitioners to provide a possible path forward. With 35 chapters and over 1,000 legal options, the book is like a menu of offerings for public consumption, showing that real actions can be taken, now and in the future, to achieve deep decarbonization. I recommend the book highly." --John C. Cruden, Past Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice "This book proves that we already know what to do about climate change, if only we had the will to do it. The path to decarbonization depends as much on removing legal impediments and changing outdated incentive systems as it does on imposing new regulations. There are ideas here for every sector of the economy, for every level of government, and for business and nongovernmental organizations, too, all of which should be on the table for any serious country facing the most serious of challenges. By giving us a sense of the possible, Gerrard and Dernbach and their fine authors seem to be saying two things: (1) do something; and (2) it''s possible. What a timely message, and what a great collection." --Jody Freeman, Archibald Cox Professor of Law and Founding Director of the Harvard Law School Environmental and Energy Law Program
Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Book Synopsis Legal Translation and Bilingual Law Drafting in Hong Kong by : Clara Ho-yan Chan
Download or read book Legal Translation and Bilingual Law Drafting in Hong Kong written by Clara Ho-yan Chan and published by Routledge. This book was released on 2020-06-01 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Translation and Bilingual Law Drafting in Hong Kong presents a systematic account from a cross-disciplinary perspective of the activities of legal translation and bilingual law drafting in the bilingual international city of Hong Kong and its interaction with Mainland China and Taiwan in the use of legal terminology. The study mainly examines the challenges posed to English-Chinese translation in the past three decades by elaborate drafting and terminological equivalence, and offers educational and research solutions. Its primary goals are to create legal Chinese that naturally accommodates common law concepts and statutes from the English legal system and to reconcile Chinese legal terms from the different legal systems adopted by Hong Kong, Mainland China and Taiwan. The new directions in legal translation and bilingual law drafting in Hong Kong will have implications for other Chinese regions and for the world. The book is intended for scholars, researchers, teachers and students of legal translation and legal linguistics, legal translators, lawyers and legal practitioners who are engaged in translation, as well as all persons who are interested in legal language and legal translation.
Book Synopsis Law and Economics of the Digital Transformation by : Klaus Mathis
Download or read book Law and Economics of the Digital Transformation written by Klaus Mathis and published by Springer Nature. This book was released on 2023-07-04 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.
Book Synopsis International Women’s Rights Law and Gender Equality by : Ramona Vijeyarasa
Download or read book International Women’s Rights Law and Gender Equality written by Ramona Vijeyarasa and published by Routledge. This book was released on 2021-07-22 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law is a well-known tool in fighting gender inequality, but which laws actually advance women’s rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world’s leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law’s potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective – gender-based violence, women’s reproductive health, labour and gender equality quotas – while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women’s rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women’s rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.
Book Synopsis Legislative Drafter's Deskbook by : Tobias A. Dorsey
Download or read book Legislative Drafter's Deskbook written by Tobias A. Dorsey and published by TheCapitol.Net Inc. This book was released on 2006 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legislative Drafter's Deskbook offers practical advice and insight for those engaged in legislative drafting, those more interested in policy than drafting itself, or those interested in reading and interpreting the law. The Legislative Drafter's Deskbook helps anyone understand why laws are drafted the way they are. This book explains why laws are drafted the way they are. Legislative drafting is - to the extent it is writing at all - the form of writing used for legislative measures, a category that covers original bills and resolutions as well as amendments. Ultimately, legislative drafting is the form of writing used for enacted law. The focus of this book is on legislative drafting for the Congress of the United States, but many, if not most, of the principles described here apply just as well to drafting for other legislatures. As forms of writing go, drafting is not freewheeling like poetry, nor showy like rhetoric, nor personal like a novel. Drafting is disciplined, rigorous, and analytical. Done well, drafting can also be creative, elegant, and clever. (Unfortunately, drafting is not always done well.) The purpose of this book is to provide practical advice on drafting to anyone who does, or may, engage in drafting, and indirectly to provide insight into the drafting process to other interested people. For example, this book is for people who are more interested in policy than in drafting, but want to understand why drafters operate the way they do. It is also for people who are more interested in reading and interpreting the law than in drafting, but want to understand why laws are drafted the way they are. It is hoped that this book will be accessible to beginners while remaining valuable to veterans. The traditional method of training drafters is to train them on the job; the consensus is that drafting is best learned holistically, on a case-by-case basis. For that reason this book is best used as a resource, not a course. It is a supplement to, not a substitute for, the learning that comes from experience. The author designed this book to answer the variety of questions about drafting that arise daily in the work of individuals with a professional interest in how bills, resolutions, and laws are drafted. The approach used here is pragmatic: You will find no linguistic theories or esoteric conundrums discussed here. What you will find is solid advice for everyday drafting projects. "A masterful work. It is comprehensive and exceptionally well written. It is an essential tool for anyone who drafts legislation or interprets the law." -- William K. Suter, Clerk of the United States Supreme Court "An essential and indispensable book, both as a reference work and as a thorough introduction to Federal legislative drafting." -- Frank Burk, Legislative Counsel of the United States Senate 1991-1998 "The succinct and thorough assessment of good legislative drafting techniques provides a set of 'best practices' for drafters at all levels of government." -- Elizabeth Garrett, Sydney M. Irmas Professor of Public Interest Law, University of Southern California "State legislative drafters will also greatly appreciate this work." -- Bruce Feustel, Senior Fellow, NCSL Summary of Contents 1. Being a Drafter 2. Understanding How Laws Are Made 3. Considering the Courts: Statutory Interpretation 4. Thinking Through the Policy 5. Choosing the Right Measure 6. Writing Effectively 7. Organizing and Arranging 8. Using the Right Style 9. Affecting and Amending Other Laws 10. Working in, and Working with, the Executive Branch Appendices Back of the Book Table of Cases Table of Constitutional Provisions Table of Statutes at Large Table of Public Laws Table of U.S. Code Sections Index Complete Table of Contents online at www.LegislativeDraftersDeskbook.com
Book Synopsis Transformation of Civil Justice by : Alan Uzelac
Download or read book Transformation of Civil Justice written by Alan Uzelac and published by Springer. This book was released on 2018-09-03 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.
Book Synopsis Global Environmental Constitutionalism by : James R. May
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
