{"title":"Omnibus legislation as a tool of legislative reform by developing countries: Indonesia, Turkey and Serbia practice","authors":"Bagus Hermanto, Nyoman Mas Aryani","doi":"10.1080/20508840.2022.2027162","DOIUrl":null,"url":null,"abstract":"ABSTRACT Globally, most developing countries struggle to shift their legislation paradigm by proposing legislative reform. This is because these countries have realised legislative reform ability to create an effective, efficient, and comprehensive legislative drafting framework within legal transplanted omnibus legislation. Therefore, this research aims to determine the use of the omnibus legislation as a comparative legal tool in Indonesia, Turkey, and Serbia to identify, analyze, and explain their legislative process. In this context, this research proposes the importance of omnibus legislation despite the number of possibility-driven factors, obstacles, and standard measurements to pursue legislative reform agenda by developing countries.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"7","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2022.2027162","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 7
Abstract
ABSTRACT Globally, most developing countries struggle to shift their legislation paradigm by proposing legislative reform. This is because these countries have realised legislative reform ability to create an effective, efficient, and comprehensive legislative drafting framework within legal transplanted omnibus legislation. Therefore, this research aims to determine the use of the omnibus legislation as a comparative legal tool in Indonesia, Turkey, and Serbia to identify, analyze, and explain their legislative process. In this context, this research proposes the importance of omnibus legislation despite the number of possibility-driven factors, obstacles, and standard measurements to pursue legislative reform agenda by developing countries.
期刊介绍：
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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