Shaun Bowler
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253098
- eISBN:
- 9780191599026
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253099.003.0008
- Subject:
- Political Science, Comparative Politics
Assesses the degree to which parties still structure the legislative process. Party cohesion and party dominance within legislatures has usually been grounded in one of two explanations. One ...
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Assesses the degree to which parties still structure the legislative process. Party cohesion and party dominance within legislatures has usually been grounded in one of two explanations. One explanation sees legislative party discipline as a feature of the importance of party organization in fighting elections, which carries through to the legislative chamber itself, while a second explanation sees party discipline as a product of incentives facing individual legislators inside the legislative arena. The first argument would predict that party discipline inside the legislature should begin to falter because of the changes described in the previous chapters of this book. The second argument would predict that very little change should be seen and, further, that formal rules inside legislatures should underpin the importance of parties. In examining a range of behavioural data, such as roll‐call voting and internal Rules of Procedure, there is little evidence to support the view that party discipline has weakened or that parties are less important today in determining legislative outcomes. Changes in electoral behaviour, then, are not reflected in changes in the importance of parties inside legislatures where parties remain dominant actors.Less
Assesses the degree to which parties still structure the legislative process. Party cohesion and party dominance within legislatures has usually been grounded in one of two explanations. One explanation sees legislative party discipline as a feature of the importance of party organization in fighting elections, which carries through to the legislative chamber itself, while a second explanation sees party discipline as a product of incentives facing individual legislators inside the legislative arena. The first argument would predict that party discipline inside the legislature should begin to falter because of the changes described in the previous chapters of this book. The second argument would predict that very little change should be seen and, further, that formal rules inside legislatures should underpin the importance of parties. In examining a range of behavioural data, such as roll‐call voting and internal Rules of Procedure, there is little evidence to support the view that party discipline has weakened or that parties are less important today in determining legislative outcomes. Changes in electoral behaviour, then, are not reflected in changes in the importance of parties inside legislatures where parties remain dominant actors.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0004
- Subject:
- Political Science, European Union
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ...
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The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.Less
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.
Alan Page
- Published in print:
- 2011
- Published Online:
- March 2012
- ISBN:
- 9780748640195
- eISBN:
- 9780748651498
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748640195.003.0016
- Subject:
- Law, Legal History
This chapter focuses on the process by which laws have been made. It takes a deliberately wide view of the legislative process, looking at what happens before a Bill is introduced, when the ...
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This chapter focuses on the process by which laws have been made. It takes a deliberately wide view of the legislative process, looking at what happens before a Bill is introduced, when the conventional wisdom asserts ‘all executive policy and most legislation is conceived, drafted and all but enacted’, as well as at what happens once it embarks on the parliamentary stages of the process. It begins by looking at the expectations that were held of the process.Less
This chapter focuses on the process by which laws have been made. It takes a deliberately wide view of the legislative process, looking at what happens before a Bill is introduced, when the conventional wisdom asserts ‘all executive policy and most legislation is conceived, drafted and all but enacted’, as well as at what happens once it embarks on the parliamentary stages of the process. It begins by looking at the expectations that were held of the process.
Peter Cane
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198264699
- eISBN:
- 9780191682766
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264699.003.0003
- Subject:
- Law, Constitutional and Administrative Law
The relationship between law and policy is a multi-faceted and complex one. This chapter is concerned with one aspect of that relationship, namely the extent to which the policy-making process — ...
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The relationship between law and policy is a multi-faceted and complex one. This chapter is concerned with one aspect of that relationship, namely the extent to which the policy-making process — which culminates in the enactment of primary and secondary legislation — is and ought to be regulated by law. The goal is to lay a normative foundation for thinking about constitutional and legal regulation of policy-making in the pre-legislative process. The underlying assumption is that we need to develop a constitutional theory of policy-making in the pre-legislative process in order to be able to approach the question of legal regulation of that process in a principled way. It is argued that the government is (or ought to be) under a constitutional obligation to advertise legislative proposals widely and to allow all interested groups to express their views on those proposals in an open, non-secretive environment. Constitutionally, the chapter focuses on the United Kingdom; institutionally, on central government; and legally, on England. The theoretical discussion, therefore, deals primarily with Westminster-style systems of government characterized by a high degree of integration of the legislature and the executive.Less
The relationship between law and policy is a multi-faceted and complex one. This chapter is concerned with one aspect of that relationship, namely the extent to which the policy-making process — which culminates in the enactment of primary and secondary legislation — is and ought to be regulated by law. The goal is to lay a normative foundation for thinking about constitutional and legal regulation of policy-making in the pre-legislative process. The underlying assumption is that we need to develop a constitutional theory of policy-making in the pre-legislative process in order to be able to approach the question of legal regulation of that process in a principled way. It is argued that the government is (or ought to be) under a constitutional obligation to advertise legislative proposals widely and to allow all interested groups to express their views on those proposals in an open, non-secretive environment. Constitutionally, the chapter focuses on the United Kingdom; institutionally, on central government; and legally, on England. The theoretical discussion, therefore, deals primarily with Westminster-style systems of government characterized by a high degree of integration of the legislature and the executive.
Paul Craig
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199568628
- eISBN:
- 9780191739415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568628.003.0011
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter is concerned with access. It is the natural starting point for consideration of administrative law doctrine. Any system of administrative law will have access points or gateways, which ...
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This chapter is concerned with access. It is the natural starting point for consideration of administrative law doctrine. Any system of administrative law will have access points or gateways, which determine who can get into the system. There are two crucial access points in any legal regime. There will be procedural rules determining who is entitled to be heard or intervene before the initial decision is made, or who is entitled to be consulted before a legislative-type norm is enacted. There will also be rules of standing that determine who should be able to complain to the court that the initial decision-maker overstepped its powers. The discussion begins with the jurisprudence of the European Court of Justice and Court of First Instance/General Court concerning the right to take part in the initial determination. It shows that the courts have distinguished sharply between the right to be heard in relation to individualized decisions and consultation and participation in relation to norms of a legislative nature. This is followed by consideration of political initiatives to foster consultation in the EU legislative process. The remainder of the chapter is concerned with the other main access point, standing to seek judicial review. There is a critical evaluation of the case law, discussion of the possible impact of the Charter of Rights, and consideration of the reforms made by the Lisbon Treaty.Less
This chapter is concerned with access. It is the natural starting point for consideration of administrative law doctrine. Any system of administrative law will have access points or gateways, which determine who can get into the system. There are two crucial access points in any legal regime. There will be procedural rules determining who is entitled to be heard or intervene before the initial decision is made, or who is entitled to be consulted before a legislative-type norm is enacted. There will also be rules of standing that determine who should be able to complain to the court that the initial decision-maker overstepped its powers. The discussion begins with the jurisprudence of the European Court of Justice and Court of First Instance/General Court concerning the right to take part in the initial determination. It shows that the courts have distinguished sharply between the right to be heard in relation to individualized decisions and consultation and participation in relation to norms of a legislative nature. This is followed by consideration of political initiatives to foster consultation in the EU legislative process. The remainder of the chapter is concerned with the other main access point, standing to seek judicial review. There is a critical evaluation of the case law, discussion of the possible impact of the Charter of Rights, and consideration of the reforms made by the Lisbon Treaty.
Louis Fisher
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199856213
- eISBN:
- 9780199358397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199856213.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines powers that routinely call for interactions between the President and Congress. These include the legislative process, appointments, independent counsels, delegation of ...
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This chapter examines powers that routinely call for interactions between the President and Congress. These include the legislative process, appointments, independent counsels, delegation of authority, and independent commissions.Less
This chapter examines powers that routinely call for interactions between the President and Congress. These include the legislative process, appointments, independent counsels, delegation of authority, and independent commissions.
Janet L. Hiebert
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199606078
- eISBN:
- 9780191729720
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606078.003.0003
- Subject:
- Law, Human Rights and Immigration
This chapter expresses a sceptical stance about the extent to which bills of rights can be crafted in such a way as to avoid the damaging consequences of strong judicial review. Research on how bills ...
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This chapter expresses a sceptical stance about the extent to which bills of rights can be crafted in such a way as to avoid the damaging consequences of strong judicial review. Research on how bills of rights affect bureaucratic and political behaviour when developing and evaluating legislation in Canada, New Zealand, and the United Kingdom, shows that even ‘weak’ bills of rights lead to cautious executives who refrain from bringing forward legislation that might be considered inconsistent with judicial decisions. In this way, they may be said to ‘govern like judges’ producing legalistic legislation which distorts policy and political judgments regarding human rights concerns. It is as if judges were in the corridors of power at the time legislation is being developed. Moreover, the capacity of parliamentarians to oppose government legislation is reduced if the legislation is thought to be potentially inconsistent with relevant judicial rulings. The chapter therefore believes that weak form systems are unstable and will either revert to parliamentary supremacy of merge into strong court systems. It concludes that, however bills of rights are designed, and allowing for significant differences between Canada, New Zealand, and the UK, the idea of developing robust and effective systems of rights-based parliamentary scrutiny is unrealistic.Less
This chapter expresses a sceptical stance about the extent to which bills of rights can be crafted in such a way as to avoid the damaging consequences of strong judicial review. Research on how bills of rights affect bureaucratic and political behaviour when developing and evaluating legislation in Canada, New Zealand, and the United Kingdom, shows that even ‘weak’ bills of rights lead to cautious executives who refrain from bringing forward legislation that might be considered inconsistent with judicial decisions. In this way, they may be said to ‘govern like judges’ producing legalistic legislation which distorts policy and political judgments regarding human rights concerns. It is as if judges were in the corridors of power at the time legislation is being developed. Moreover, the capacity of parliamentarians to oppose government legislation is reduced if the legislation is thought to be potentially inconsistent with relevant judicial rulings. The chapter therefore believes that weak form systems are unstable and will either revert to parliamentary supremacy of merge into strong court systems. It concludes that, however bills of rights are designed, and allowing for significant differences between Canada, New Zealand, and the UK, the idea of developing robust and effective systems of rights-based parliamentary scrutiny is unrealistic.
Alexandra Kelso
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780719076756
- eISBN:
- 9781781702482
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719076756.003.0004
- Subject:
- Political Science, UK Politics
The Labour Party government elected in 1997 was committed to an expansive legislative programme after almost twenty years in opposition, and was keen to ensure that the most efficient mechanisms were ...
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The Labour Party government elected in 1997 was committed to an expansive legislative programme after almost twenty years in opposition, and was keen to ensure that the most efficient mechanisms were in place to secure that programme. To achieve this, the government established a Modernisation Committee to implement the necessary changes in parliament. A significant proportion of this Committee's time has been spent on efficiency matters similar to those explored previously by the Procedure Committee. The notion of modernisation has been utilised by the government to update and redesign procedures primarily (although not exclusively) for its own benefit. These changes have included alterations to the legislative process, adjustments to House sitting hours, and the creation of Westminster Hall as a parallel chamber. The Labour government's constitutional reform programme included a commitment to establish a select committee for the specific purpose of modernising the House of Commons.Less
The Labour Party government elected in 1997 was committed to an expansive legislative programme after almost twenty years in opposition, and was keen to ensure that the most efficient mechanisms were in place to secure that programme. To achieve this, the government established a Modernisation Committee to implement the necessary changes in parliament. A significant proportion of this Committee's time has been spent on efficiency matters similar to those explored previously by the Procedure Committee. The notion of modernisation has been utilised by the government to update and redesign procedures primarily (although not exclusively) for its own benefit. These changes have included alterations to the legislative process, adjustments to House sitting hours, and the creation of Westminster Hall as a parallel chamber. The Labour government's constitutional reform programme included a commitment to establish a select committee for the specific purpose of modernising the House of Commons.
Kathryn A. DePalo
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9780813060484
- eISBN:
- 9780813050744
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813060484.003.0007
- Subject:
- History, American History: 20th Century
What opponents feared most—a detrimental impact on the business of legislating—and the consequences of term limits on the lawmaking process is explored in chapter six. The power of leaders in the ...
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What opponents feared most—a detrimental impact on the business of legislating—and the consequences of term limits on the lawmaking process is explored in chapter six. The power of leaders in the Legislature is paramount. But this has come at a price, with a major loss of institutional memory and lack of procedural knowledge among top leaders and committee chairs. This has advantaged the majority party further, particularly in those years where the majority Republican Party held more than a 2:1 advantage. The Senate has become the repository of institutional memory and process knowledge mainly because most of the Senate members came from the House with longer tenure and a collective memory lacking in the much younger and greener House.Less
What opponents feared most—a detrimental impact on the business of legislating—and the consequences of term limits on the lawmaking process is explored in chapter six. The power of leaders in the Legislature is paramount. But this has come at a price, with a major loss of institutional memory and lack of procedural knowledge among top leaders and committee chairs. This has advantaged the majority party further, particularly in those years where the majority Republican Party held more than a 2:1 advantage. The Senate has become the repository of institutional memory and process knowledge mainly because most of the Senate members came from the House with longer tenure and a collective memory lacking in the much younger and greener House.
Eva Storskrubb
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533176
- eISBN:
- 9780191714504
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533176.003.0004
- Subject:
- Law, EU Law
This chapter describes the particular institutional and structural rules of the policy area of judicial cooperation in civil matters and the consequences thereof. As a consequence of the placement of ...
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This chapter describes the particular institutional and structural rules of the policy area of judicial cooperation in civil matters and the consequences thereof. As a consequence of the placement of the policy area in Title IV of the EC Treaty, the legislative process differed from the Community method until 2003 wherefore the European Parliament has participated less. In addition, the jurisdiction of the European Court of Justice still differs from the normal institutional rules. The flexible nature of Member State participation in the policy area, including the opt-out rules for Denmark as well as the UK and Ireland, is also described. The chapter concludes with an analysis of the effect that the development of the policy area of judicial cooperation in civil matters has had on the external competence of the EU in the field of international procedural cooperation.Less
This chapter describes the particular institutional and structural rules of the policy area of judicial cooperation in civil matters and the consequences thereof. As a consequence of the placement of the policy area in Title IV of the EC Treaty, the legislative process differed from the Community method until 2003 wherefore the European Parliament has participated less. In addition, the jurisdiction of the European Court of Justice still differs from the normal institutional rules. The flexible nature of Member State participation in the policy area, including the opt-out rules for Denmark as well as the UK and Ireland, is also described. The chapter concludes with an analysis of the effect that the development of the policy area of judicial cooperation in civil matters has had on the external competence of the EU in the field of international procedural cooperation.
Karen J. Alter
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691154749
- eISBN:
- 9781400848683
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154749.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter discusses how governments use law to regulate the behavior of citizens. Powerful actors with the ability to influence government policy making can rule by law, using the legislative ...
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This chapter discusses how governments use law to regulate the behavior of citizens. Powerful actors with the ability to influence government policy making can rule by law, using the legislative process and government support to promote their priorities. For individuals and groups who do not find government doors wide open, litigation can be a political means to overturn the decisions of governments. Individuals living in authoritarian countries and in countries with weak rule of law institutions generally invoke international law to circumvent blockages created by domestic institutions that are captured by governments. International law is an attractive political resource because governments do not control it. And while international courts are surely political actors, they are legal institutions comprised of judges from multiple countries with a formal mandate to apply the law.Less
This chapter discusses how governments use law to regulate the behavior of citizens. Powerful actors with the ability to influence government policy making can rule by law, using the legislative process and government support to promote their priorities. For individuals and groups who do not find government doors wide open, litigation can be a political means to overturn the decisions of governments. Individuals living in authoritarian countries and in countries with weak rule of law institutions generally invoke international law to circumvent blockages created by domestic institutions that are captured by governments. International law is an attractive political resource because governments do not control it. And while international courts are surely political actors, they are legal institutions comprised of judges from multiple countries with a formal mandate to apply the law.
Tsuey-Ping Lee
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9781447308300
- eISBN:
- 9781447311522
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447308300.003.0004
- Subject:
- Political Science, Public Policy
This chapter aims to explore the function of policy analysis in the Legislative Yuan and examine how the results of policy analysis affect law-making processes. Since the congress reform in 1999, the ...
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This chapter aims to explore the function of policy analysis in the Legislative Yuan and examine how the results of policy analysis affect law-making processes. Since the congress reform in 1999, the Organic Law and Statute Bureau and the Budget Center, were officially established in the Legislative Yuan to provide objective and neutral policy suggestions to legislators. Through an examination of the law-making process of the first and only pollution remediation law in Taiwan, the Soil and Groundwater Pollution Remediation Act of 2000, this chapter will address the extent to which policy analysis, in the Legislative Yuan, affects the law-making process and factors that influence the comparative significance among policy analysis units in the Legislative Yuan? This study finds that the advice offered by analysts in the Legislative Yuan was not taken seriously in the law-making process and, consequently, not adopted into law. This chapter concludes by summarizing that a lack of supporting conditions has made policy analysis less functional in the Legislative Yuan.Less
This chapter aims to explore the function of policy analysis in the Legislative Yuan and examine how the results of policy analysis affect law-making processes. Since the congress reform in 1999, the Organic Law and Statute Bureau and the Budget Center, were officially established in the Legislative Yuan to provide objective and neutral policy suggestions to legislators. Through an examination of the law-making process of the first and only pollution remediation law in Taiwan, the Soil and Groundwater Pollution Remediation Act of 2000, this chapter will address the extent to which policy analysis, in the Legislative Yuan, affects the law-making process and factors that influence the comparative significance among policy analysis units in the Legislative Yuan? This study finds that the advice offered by analysts in the Legislative Yuan was not taken seriously in the law-making process and, consequently, not adopted into law. This chapter concludes by summarizing that a lack of supporting conditions has made policy analysis less functional in the Legislative Yuan.
Arthur B. Gunlicks
- Published in print:
- 2003
- Published Online:
- July 2012
- ISBN:
- 9780719065323
- eISBN:
- 9781781700464
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719065323.003.0011
- Subject:
- Political Science, European Union
Germany's second chamber is unique in the world's federal systems, in that it is a federal, not a Land, organ, in which the member states are represented by their governments (that is, cabinets). ...
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Germany's second chamber is unique in the world's federal systems, in that it is a federal, not a Land, organ, in which the member states are represented by their governments (that is, cabinets). This means that it is an executive as well as a legislative body, and also that it is not a part of parliament, which is the Bundestag alone. Rather, it is a constitutional organ, along with the Bundestag, the federal government, the Federal President and the Federal Constitutional Court, which makes it possible for the Länder, via their governments, to participate in the legislative process. Of course, this means that the Bundesrat is also a product of the historical development of federalism in Germany and of the German second chamber. This chapter explores the Länder, the Bundesrat and the legislative process in Germany and Europe. It first looks at the North German Federation and the Kaiserreich, the Weimar Republic, territorial vs partisan politics in the Bundesrat and the Land missions in Berlin.Less
Germany's second chamber is unique in the world's federal systems, in that it is a federal, not a Land, organ, in which the member states are represented by their governments (that is, cabinets). This means that it is an executive as well as a legislative body, and also that it is not a part of parliament, which is the Bundestag alone. Rather, it is a constitutional organ, along with the Bundestag, the federal government, the Federal President and the Federal Constitutional Court, which makes it possible for the Länder, via their governments, to participate in the legislative process. Of course, this means that the Bundesrat is also a product of the historical development of federalism in Germany and of the German second chamber. This chapter explores the Länder, the Bundesrat and the legislative process in Germany and Europe. It first looks at the North German Federation and the Kaiserreich, the Weimar Republic, territorial vs partisan politics in the Bundesrat and the Land missions in Berlin.
Michael D Birnhack
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199661138
- eISBN:
- 9780191746147
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199661138.003.0005
- Subject:
- Law, Legal History, Intellectual Property, IT, and Media Law
This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of ...
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This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of their first enactments was the Copyright Ordinance 1920. The chapter queries their motivation in enacting copyright law at such an early stage, and provides several possible answers: it was a British imperial interest, intertwined with the international agenda; it fit the colonial mission of developing the country, and lastly, a personal motivation of the Attorney General, Norman Bentwich. The list does not include local demand: none existed at the time. The next legislative step was the British extension of the Imperial Copyright Act in 1924 and the local enactment of the Copyright Ordinance 1924. The chapter also discusses the late official publication of the 1911 Act, and the establishment of copyright relationship between Palestine and the United StatesLess
This chapter traces the copyright legislative process in Palestine. A first piece of legislation was the little-known Ottoman Authors’ Rights Act 1910. When the British replaced the Ottomans, one of their first enactments was the Copyright Ordinance 1920. The chapter queries their motivation in enacting copyright law at such an early stage, and provides several possible answers: it was a British imperial interest, intertwined with the international agenda; it fit the colonial mission of developing the country, and lastly, a personal motivation of the Attorney General, Norman Bentwich. The list does not include local demand: none existed at the time. The next legislative step was the British extension of the Imperial Copyright Act in 1924 and the local enactment of the Copyright Ordinance 1924. The chapter also discusses the late official publication of the 1911 Act, and the establishment of copyright relationship between Palestine and the United States
Federico Fabbrini
- Published in print:
- 2016
- Published Online:
- April 2016
- ISBN:
- 9780198749134
- eISBN:
- 9780191813344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198749134.003.0006
- Subject:
- Law, EU Law, Constitutional and Administrative Law
Chapter 5 makes the case in favor of greater legislative involvement in EMU, and argues that making the “Community method” central to the governance of EMU affairs could be a way to reduce the trend ...
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Chapter 5 makes the case in favor of greater legislative involvement in EMU, and argues that making the “Community method” central to the governance of EMU affairs could be a way to reduce the trend of judicialization. The chapter discusses the challenges that restoring the EU legislative process faces and the options available for dealing with them. First, greater legislative involvement in EMU can be assured only if convincing constitutional arguments can be advanced to constrain the states from acting outside EU law, and simultaneously to empower the EU institutions to legislate in EMU. Second, a greater role by the European Parliament in EMU governance requires a re-thinking of the mechanisms through which its members are elected. Third, the working of the Council must be critically reconsidered, since the fragmentation and the imbalances between its various compositions hampers its ability to act as the upper EU legislative house.Less
Chapter 5 makes the case in favor of greater legislative involvement in EMU, and argues that making the “Community method” central to the governance of EMU affairs could be a way to reduce the trend of judicialization. The chapter discusses the challenges that restoring the EU legislative process faces and the options available for dealing with them. First, greater legislative involvement in EMU can be assured only if convincing constitutional arguments can be advanced to constrain the states from acting outside EU law, and simultaneously to empower the EU institutions to legislate in EMU. Second, a greater role by the European Parliament in EMU governance requires a re-thinking of the mechanisms through which its members are elected. Third, the working of the Council must be critically reconsidered, since the fragmentation and the imbalances between its various compositions hampers its ability to act as the upper EU legislative house.
Eva Steiner
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198790884
- eISBN:
- 9780191833342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198790884.003.0001
- Subject:
- Law, Comparative Law
This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is ...
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This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.Less
This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.
Christoph Knill and Duncan Liefferink
- Published in print:
- 2007
- Published Online:
- July 2012
- ISBN:
- 9780719075803
- eISBN:
- 9781781701461
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719075803.003.0007
- Subject:
- Political Science, Environmental Politics
This chapter examines the characteristic processes and decision-making procedures involved in the development and design of European Union environmental policies, discussing the informal patterns of ...
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This chapter examines the characteristic processes and decision-making procedures involved in the development and design of European Union environmental policies, discussing the informal patterns of interaction and the relationships between the involved actors and institutions. The analysis of the decision-making process reveals that the respective means of influence of the participating actors and institutions can vary considerably depending on the procedural rules on which they are based. The chapter also explains the different phases of European policy making, which include the problem-definition and agenda-setting phase, the elaboration of policy proposals at the level of the Commission and the phase of decision making through the European legislative process.Less
This chapter examines the characteristic processes and decision-making procedures involved in the development and design of European Union environmental policies, discussing the informal patterns of interaction and the relationships between the involved actors and institutions. The analysis of the decision-making process reveals that the respective means of influence of the participating actors and institutions can vary considerably depending on the procedural rules on which they are based. The chapter also explains the different phases of European policy making, which include the problem-definition and agenda-setting phase, the elaboration of policy proposals at the level of the Commission and the phase of decision making through the European legislative process.
Jasmine Farrier
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780813192628
- eISBN:
- 9780813135496
- Item type:
- book
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813192628.001.0001
- Subject:
- Political Science, American Politics
Is the United States Congress dead, alive, or trapped in a moribund cycle? When confronted with controversial policy issues, members of Congress struggle to satisfy conflicting legislative, ...
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Is the United States Congress dead, alive, or trapped in a moribund cycle? When confronted with controversial policy issues, members of Congress struggle to satisfy conflicting legislative, representative, and oversight duties. These competing goals, along with the pressure to satisfy local constituents, cause members of Congress to routinely cede power on a variety of policies, express regret over their loss of control, and later return to the habit of delegating their power. This pattern of institutional ambivalence undermines conventional wisdom about congressional party resurgence, the power of oversight, and the return of the so-called imperial presidency. This book examines Congress's frequent delegation of power by analyzing primary source materials such as bills, committee reports, and the Congressional Record. The book demonstrates that Congress is caught between abdication and ambition and that this ambivalence affects numerous facets of the legislative process. Explaining specific instances of post-delegation disorder, including Congress's use of new bills, obstruction, public criticism, and oversight to salvage its lost power, the book exposes the tensions surrounding Congress's roles in recent hot-button issues such as base-closing commissions, presidential trade promotion authority, and responses to the attacks of September 11. It also examines shifting public rhetoric used by members of Congress as they emphasize, in institutionally self-conscious terms, the difficulties of balancing their multiple roles.Less
Is the United States Congress dead, alive, or trapped in a moribund cycle? When confronted with controversial policy issues, members of Congress struggle to satisfy conflicting legislative, representative, and oversight duties. These competing goals, along with the pressure to satisfy local constituents, cause members of Congress to routinely cede power on a variety of policies, express regret over their loss of control, and later return to the habit of delegating their power. This pattern of institutional ambivalence undermines conventional wisdom about congressional party resurgence, the power of oversight, and the return of the so-called imperial presidency. This book examines Congress's frequent delegation of power by analyzing primary source materials such as bills, committee reports, and the Congressional Record. The book demonstrates that Congress is caught between abdication and ambition and that this ambivalence affects numerous facets of the legislative process. Explaining specific instances of post-delegation disorder, including Congress's use of new bills, obstruction, public criticism, and oversight to salvage its lost power, the book exposes the tensions surrounding Congress's roles in recent hot-button issues such as base-closing commissions, presidential trade promotion authority, and responses to the attacks of September 11. It also examines shifting public rhetoric used by members of Congress as they emphasize, in institutionally self-conscious terms, the difficulties of balancing their multiple roles.
Franklin E. Zimring, Gordon Hawkins, and Sam Kamin
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780195171174
- eISBN:
- 9780199849765
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195171174.003.0001
- Subject:
- Law, Criminal Law and Criminology
This chapter tells the history of the Three Strikes proposal and provides a summary of its terms. What makes the story of Three Strikes unusual in the annals of state government is that California's ...
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This chapter tells the history of the Three Strikes proposal and provides a summary of its terms. What makes the story of Three Strikes unusual in the annals of state government is that California's Three Strikes proposal originated from marginal pressure groups without any powerful constituency in the legislative or executive branches of state government. Yet it became law without any significant amendment. This chapter begins with a capsule history of the Three Strikes initiative in California from a proposal to legislation to an initiative adopted by the voters. A second section lists a few of the objections that can be made to the penal approaches of the initiative. The third section takes more space to describe the two sets of “missing persons” in the California legislative process.Less
This chapter tells the history of the Three Strikes proposal and provides a summary of its terms. What makes the story of Three Strikes unusual in the annals of state government is that California's Three Strikes proposal originated from marginal pressure groups without any powerful constituency in the legislative or executive branches of state government. Yet it became law without any significant amendment. This chapter begins with a capsule history of the Three Strikes initiative in California from a proposal to legislation to an initiative adopted by the voters. A second section lists a few of the objections that can be made to the penal approaches of the initiative. The third section takes more space to describe the two sets of “missing persons” in the California legislative process.
Derek Birrell
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780719077579
- eISBN:
- 9781781701881
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719077579.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter examines the impact of direct rule on the parliamentary procedures at Westminster. It suggests that one of the main features of direct rule was the transfer of the functions of the ...
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This chapter examines the impact of direct rule on the parliamentary procedures at Westminster. It suggests that one of the main features of direct rule was the transfer of the functions of the devolved Stormont Parliament to the Westminster Parliament. It describes the special legislative process adopted for transferred legislation, the establishment of specialist Northern Ireland committees, the work imposed on other parliamentary committees and the impact on Northern Ireland business of reform and innovations in parliamentary procedures. This chapter also discusses British statutory instruments on reserved/excepted matters and the provisions of British legislation which covers Northern Ireland.Less
This chapter examines the impact of direct rule on the parliamentary procedures at Westminster. It suggests that one of the main features of direct rule was the transfer of the functions of the devolved Stormont Parliament to the Westminster Parliament. It describes the special legislative process adopted for transferred legislation, the establishment of specialist Northern Ireland committees, the work imposed on other parliamentary committees and the impact on Northern Ireland business of reform and innovations in parliamentary procedures. This chapter also discusses British statutory instruments on reserved/excepted matters and the provisions of British legislation which covers Northern Ireland.
