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Legislative drafting and gender: some linguistic insights into English and Italian 立法起草与性别:对英语和意大利语的一些语言学见解
IF 4 Q1 LAW Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2139042
G. Pennisi
ABSTRACT Languages vary widely in terms of gender systems showing differences in the number of classes, underlying assignment rules and how and where gender is marked. The legislative drafting policy conventionally known as the ‘masculine rule’, whereby ‘he includes she’, raised opposition in the 1970s (under the pressure of feminist movements in the United States and Europe), and the adoption of plain English style forced legislative drafters to basically avoid sentences of undue length, superfluous definitions, repeated words and gender specificity with the aim of achieving clarity, minimising ambiguity, and enhance gender-neutrality. Given the prevalence of English as lingua franca, an increasing number of international organisations (i.e. the European Union) and non-English-speaking jurisdictions (i.e. the Italian jurisdiction) have recently shown some instances of a drafting style much more inclined to gender equality. Anything that causes drafters to challenge fixed old habits (i.e. formulaic expressions, grammar rules and social norms, repetitive use of form-meaning associations, common patterns of thought) might be seen as an opportunity for innovation and improvement (unusual collocations, unpredictable compounds). That must be welcome in the environment of English-speaking legislative drafting techniques where considerable reliance on precedent is inevitable and often desirable, a factor which certainly introduces a resistance to change in legislative language and makes it inclined to archaism. In light of the above, the aim of this research is to analyse the lexico-grammatical specificities of the selected languages (English and Italian), and the lexico-grammatical strategies proposed by the EU institutions to implement the EU normative acts into the Italian legislation aiming at gender fair and symmetric representation of men and women.
语言的性别系统差异很大,在类的数量、基本的分配规则以及性别标记的方式和位置上都存在差异。传统上被称为“男性规则”的立法起草政策,即“他包括她”,在20世纪70年代(在美国和欧洲女权主义运动的压力下)引起了反对,采用简单的英语风格迫使立法起草者基本上避免过长的句子,多余的定义,重复的单词和性别特异性,目的是实现清晰,减少歧义,增强性别中立。鉴于英语作为通用语的流行,越来越多的国际组织(如欧盟)和非英语司法管辖区(如意大利司法管辖区)最近显示出一些更倾向于性别平等的起草风格的实例。任何让起草者挑战固定的旧习惯的东西(如公式化表达、语法规则和社会规范、形式-意义关联的重复使用、常见的思维模式)都可能被视为创新和改进的机会(不寻常的搭配、不可预测的复合词)。在以英语为母语的立法起草技术的环境中,这一定是受欢迎的,因为在这种环境中,相当程度上依赖先例是不可避免的,而且往往是可取的,这一因素肯定会对立法语言的变化产生阻力,并使其倾向于古语。鉴于上述情况,本研究的目的是分析所选语言(英语和意大利语)的词汇语法特殊性,以及欧盟机构提出的词汇语法策略,以将欧盟规范法案落实到意大利立法中,旨在实现男女性别公平和对称的代表。
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引用次数: 1
Gender neutrality: description and prescription* 性别中立:描述和规定*
IF 4 Q1 LAW Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2136427
T. Watkin
ABSTRACT This paper considers the lessons and examples which devolved law-making in Wales since 1999 can provide with regard to the drafting of gender-neutral legislation in a bilingual context. It will examine the issues and problems which have been faced by law-makers and drafters in Wales, and the solutions which they have devised to address them. It will then move on to consider how the guidance and techniques which have been developed may be able to meet the new challenges regarding gender diversity which have come to prominence in recent years.
摘要本文探讨了自1999年以来威尔士权力下放立法在双语背景下起草性别中立立法方面所能提供的经验教训和例子。它将审查威尔士立法者和起草者面临的问题,以及他们为解决这些问题而制定的解决方案。然后,它将继续考虑已经制定的指导和技术如何能够应对近年来突出的性别多样性方面的新挑战。
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引用次数: 0
Gender responsive budgeting: a crucial part of the toolkit for the implementation of gender sensitive laws? 促进性别平等的预算编制:执行对性别问题有敏感认识的法律的工具包的关键部分?
IF 4 Q1 LAW Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2138375
J. Veitch
ABSTRACT Theory of gender mainstreaming and links to GRB. What is gender responsive budgeting and why it is important. Laws that include specific requirements for implementation including budgets. Laws that do not require budgets. What does this mean for implementation? Gender responsive budgeting assists in the implementation of legislation by ensuring that inclusive resources are provided and also by helping to situate legislation within a gender responsive economic framing. Some UK examples (labour laws and childcare; the gender gap in income over the lifetime, and access to justice; costs of violence against women and girls) demonstrating the link between effective legislation and gender budget analysis.
性别主流化理论及其与GRB的联系摘要。什么是促进性别平等的预算编制,以及为什么它很重要。包括预算在内的具体实施要求的法律。不需要预算的法律。这对实施意味着什么?促进性别平等的预算编制有助于立法的实施,确保提供包容性资源,并帮助将立法置于促进性别平等经济框架内。英国的一些例子(劳动法和儿童保育;终生收入的性别差距,以及诉诸司法的机会;暴力侵害妇女和女孩的成本)表明了有效立法与性别预算分析之间的联系。
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引用次数: 0
Legislating for change: gender-sensitive ex-ante legislative scrutiny in practice 为变革立法:实践中对性别问题敏感的事前立法审查
IF 4 Q1 LAW Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2136428
H. Johnson
ABSTRACT The law is a fundamental arena for advancing gender equality. Parliaments are where laws are made, but differential gender impacts are often not explored when draft legislation is scrutinised. A range of tools exist to help parliamentarians conduct gender-sensitive ex-ante legislative scrutiny but their success relies on parliamentary institutionalisation, localisation of measures, political will and parliamentary leadership, access to evidence and expertise, practical tools, its application to all laws, men, and government practice. Blind spots and weaknesses include intersectionality, the role of empathy in representation, a holistic approach to the whole legislative cycle, and linking to international obligations.
摘要法律是促进两性平等的基本舞台。议会是制定法律的地方,但在审查立法草案时,往往没有探讨性别差异的影响。有一系列工具可以帮助议员进行对性别问题敏感的事前立法审查,但它们的成功取决于议会制度化、措施本地化、政治意愿和议会领导、获得证据和专业知识、实用工具、适用于所有法律、男性和政府实践。盲点和弱点包括交叉性、同理心在代表性中的作用、对整个立法周期的整体方法以及与国际义务的联系。
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引用次数: 1
Gender sensitive parliaments and the legislative cycle: conceptualising new cultures and practices 对性别问题有敏感认识的议会和立法周期:构想新的文化和做法
IF 4 Q1 LAW Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2147760
S. Palmieri
ABSTRACT As an emergent international norm, gender sensitive parliaments offer parliamentarians and parliamentary staff a new lens through which to consider all aspects of their institutional culture and work practices. In this article, I consider the origins, application and remaining gaps in one particular aspect of gender sensitive parliaments: gender mainstreaming legislation across its entire ‘life cycle’. I begin with a reminder of the international mandates for gender sensitive legislation (GSL), acknowledging a historical emphasis on the responsibility of political institutions to ensure legislation, policy and programmes address – rather than exacerbate – gender inequality. I then assess the tools that have been developed over the past 20 years to support GSL and discuss enduring limitations in its implementation, relating to political will, the collection and analysis of quality data, and inadequate parliamentary opportunities and mechanisms for gender sensitive scrutiny.
作为一项新兴的国际规范,性别敏感的议会为议员和议会工作人员提供了一个新的视角,通过这个视角来考虑他们的机构文化和工作实践的各个方面。在本文中,我考虑了性别敏感议会的一个特定方面的起源、应用和仍然存在的差距:性别主流化立法贯穿其整个“生命周期”。首先,我要提醒大家注意性别敏感立法的国际任务,承认历史上一直强调政治机构有责任确保立法、政策和方案解决而不是加剧性别不平等。然后,我评估了过去20年来为支持GSL而开发的工具,并讨论了其实施中的持久限制,涉及政治意愿、高质量数据的收集和分析、议会机会不足和性别敏感审查机制。
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引用次数: 0
Regulation as struggle for jurisdictional and maximal power: evidence from the reform strategy of Kenya’s regulator of engineering practice 监管是管辖权和最大权力的斗争——来自肯尼亚工程实践监管机构改革战略的证据
IF 4 Q1 LAW Pub Date : 2022-08-25 DOI: 10.1080/20508840.2022.2113201
O. A. K’Akumu
ABSTRACT This paper reviews the political thinking as embedded in the text of the statute constituting the regulation of the engineering profession in Kenya. It specifically focuses on the regulator’s political strategy of consolidation of jurisdictional power and its concentration of regulatory power. Jurisdictional strategies include expansion into the working environment of engineers, attempts to control engineering schools, criminalisation of employment of non-registered engineers, elimination of competition by declaring the statute supreme over others and non-inclusion of the public interest representatives on the board. Regulatory strategies involved the inclusion of principal secretaries on the board, pursuit of financial security by creating a variety of sources, seeking to invest budgetary surplus and retention of legislative powers. The research concludes that the regulator is a narrow interest group interested in power and money rather than the public interest.
本文回顾了肯尼亚工程行业法规文本中的政治思想。它特别关注监管机构巩固管辖权的政治战略及其监管权力的集中。管辖策略包括扩大工程师的工作环境,试图控制工程学校,将雇用非注册工程师定为犯罪,通过宣布法规凌驾于他人之上来消除竞争,以及不将公共利益代表纳入董事会。监管战略包括将主要秘书纳入董事会,通过创造各种来源来追求财务安全,寻求对预算盈余进行投资,以及保留立法权力。研究得出结论,监管机构是一个狭隘的利益集团,对权力和金钱感兴趣,而不是公共利益。
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引用次数: 2
Deliberate legislative reforms to improve the legislation quality in developing countries: case of Indonesia 发展中国家通过立法改革提高立法质量:以印度尼西亚为例
IF 4 Q1 LAW Pub Date : 2022-06-07 DOI: 10.1080/20508840.2022.2080392
Bagus Hermanto
ABSTRACT The use of legislative reforms as a prominent agenda by developing countries to deliberate various programs and improve legislation quality through rapprochement depends on their abilities, willingness, institutions, and legal perspectives. Therefore, this research considered, determined, and analysed reform rapprochements in Indonesia, highlighted constraints, and proposed approaches to promote effective and efficient legislative quality improvement. These findings revealed several qualitative approaches and measures to determine reform implementations and their impact on legislative quality.
发展中国家将立法改革作为一项重要议程,通过和解来审议各种方案并提高立法质量,这取决于发展中国家的能力、意愿、制度和法律视角。因此,本研究考虑、确定和分析了印度尼西亚的改革和解,突出了制约因素,并提出了促进有效和高效的立法质量改进的方法。这些调查结果揭示了确定改革实施及其对立法质量影响的若干定性方法和措施。
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引用次数: 4
Legislative effectiveness under COVID-19 in Africa: striving against executive branch overreach and underreach during pandemics 2019冠状病毒病下非洲的立法效力:在大流行期间努力防止行政部门越权和越权
IF 4 Q1 LAW Pub Date : 2022-05-04 DOI: 10.1080/20508840.2022.2093905
Paul-Sewa Thovoethin, A. Moshood
ABSTRACT Legislatures across the world fulfil core functions of representation, law-making, and oversight. Thus, governance goals of participation, transparency and accountability are directly related to these three functions. However, the COVID-19 crisis which started in China in late 2019 and spread to other countries in the world in 2020 disrupted these core functions by forcing the shut-down of parliaments out of concern for the safety of their members and the public in most countries in the world. As experienced in most countries during the COVID-19 crisis, legislatures in some instances were bypassed as presidents and prime ministers prioritise a rapid response. Further, there were conflicts in the manner in which responses were made to address the pandemic between the central government and sub-national governments, especially in federal states. Invariably, legislatures in most countries were marginalised, with greater power concentrated in the hands of the executive, especially at the central level of government. Paradoxically, even where a situation is so urgent that normal checks and balances must be suspended in favour of efficient decision-making, it is still crucial that parliaments play the roles of oversight that make democratic systems ultimately more durable, more effective and more just than any of the alternatives. The purpose of this work, therefore, is to examine how parliaments in Nigeria, South Africa and Ethiopia performed their core functions during the COVID-19 pandemic. It offers what parliaments under federal and parliamentary systems can do in order to prepare them to function effectively during an emergency. While it is to be hoped that a similar global crisis will not emerge in the near future or ever, the paper intends preparing legislatures in Africa to be more proactive and effective in dealing with diverse future challenges.
摘要:世界各地的立法机构履行着代表、立法和监督的核心职能。因此,参与、透明和问责的治理目标与这三个职能直接相关。然而,2019年末始于中国并于2020年蔓延至世界其他国家的新冠肺炎危机,出于对世界大多数国家议员和公众安全的担忧,迫使议会关闭,从而扰乱了这些核心职能。正如新冠肺炎危机期间大多数国家所经历的那样,在某些情况下,由于总统和总理优先考虑快速反应,立法机构被绕过。此外,中央政府和地方政府,特别是联邦州政府,在应对疫情的方式上存在冲突。大多数国家的立法机构总是被边缘化,更大的权力集中在行政部门手中,尤其是中央政府。矛盾的是,即使情况如此紧急,必须暂停正常的制衡,以利于有效的决策,议会仍必须发挥监督作用,使民主制度最终比任何替代方案都更持久、更有效、更公正。因此,这项工作的目的是审查尼日利亚、南非和埃塞俄比亚的议会在新冠肺炎大流行期间如何履行其核心职能。它提供了联邦和议会制度下的议会可以做些什么,以便为它们在紧急情况下有效运作做好准备。虽然人们希望在不久的将来或永远不会出现类似的全球危机,但该文件打算让非洲的立法机构在应对未来各种挑战时更加积极有效。
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引用次数: 0
Cameroon: parliamentary (un)scrutiny amid multiple crises 喀麦隆:多重危机中的议会(联合国)审查
IF 4 Q1 LAW Pub Date : 2022-05-04 DOI: 10.1080/20508840.2022.2093495
Numvi Gwaibi
ABSTRACT Cameroon’s parliament is constitutionally mandated to perform multiple functions, including the power to make laws. Like most legislatures, parliament is also empowered to perform familiar representative functions during the unfamiliar abnormal context of a crisis. However, parliament’s competence in the legislative domain is severely restricted by the President, who is neither accountable to the Prime Minister nor the legislature. The executive further dominates the legislative agenda by controlling the admissibility criteria of bills in parliament, which gives pride of place to that introduced by the President. Following the outbreak of the Covid-19 pandemic, the government, in line with WHO recommendations, developed a response plan and also rolled out a solidarity fund of One billion francs CFA. Following persistent allegations of mismanagement of Covid-19 funds, and the leaking of an audit report that alleged massive embezzlement of public funds, Cameroon’s parliament summoned the Minister of Finance to account for the financial misappropriations. However, 24 hours to the session dedicated for this exercise, the item disappeared from the agenda. This paper utilises primary and secondary data, legal and judicial texts, among others, to document how Cameroon’s parliament has responded to the multiple crises that have impacted the country over the past decades.
摘要:根据宪法,喀麦隆议会有多项职能,包括制定法律的权力。与大多数立法机构一样,议会也有权在不熟悉的异常危机背景下履行熟悉的代表职能。然而,议会在立法领域的权限受到总统的严重限制,总统既不对总理负责,也不对立法机构负责。行政部门通过控制议会法案的可受理标准,进一步主导了立法议程,这使总统提出的法案具有自豪感。新冠肺炎疫情爆发后,政府根据世界卫生组织的建议制定了应对计划,并推出了10亿非洲法郎的团结基金。在对新冠肺炎资金管理不善的持续指控,以及一份指控大规模挪用公共资金的审计报告泄露后,喀麦隆议会传唤财政部长对资金挪用负责。然而,在专门进行这项工作的会议召开24小时后,该项目从议程上消失了。本文利用主要和次要数据、法律和司法文本等,记录喀麦隆议会如何应对过去几十年来影响该国的多重危机。
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引用次数: 1
African legislatures in social emergencies: challenges and outcomes 社会紧急情况下的非洲立法机构:挑战和结果
IF 4 Q1 LAW Pub Date : 2022-05-04 DOI: 10.1080/20508840.2022.2107825
Adewale V Aderemi, O. Akanji
ABSTRACT Social emergencies of different kinds are common in Africa. Violent protests and secessionist agitations, terrorism and insurgencies, coups and conflicts, climate change and droughts, conflict and climate-induced internal displacement, drug/human trafficking, and lately the Covid-19 pandemic have ravaged the continent. This has raised the question of how African legislatures deal with crises; how they perform their statutory functions during crises, and the issues that shape their operation during such times. This editorial introduces the special edition on ‘African Legislatures in Social Emergencies: Challenges and Outcomes’ and provides an overview of its collection of interesting articles.
不同类型的社会突发事件在非洲很常见。暴力抗议和分裂主义煽动、恐怖主义和叛乱、政变和冲突、气候变化和干旱、冲突和气候导致的国内流离失所、毒品/人口贩运以及最近的Covid-19大流行肆虐着非洲大陆。这就提出了非洲立法机构如何处理危机的问题;他们如何在危机期间履行法定职能,以及在此期间影响其运作的问题。这篇社论介绍了“非洲立法机构在社会紧急情况下:挑战和结果”的特别版,并概述了其收集的有趣文章。
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引用次数: 1
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Theory and Practice of Legislation
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