Pub Date : 2020-05-03DOI: 10.1080/20508840.2020.1796047
E. Windholz
ABSTRACT Emergencies require governments to govern differently. In Australia, the changes wrought by the COVID-19 pandemic have been profound. The role of lawmaker has been assumed by the executive exercising broad emergency powers. Parliaments, and the debate and scrutiny they provide, have been marginalised. The COVID-19 response also has seen the medical-scientific expert metamorphose from decision-making input into decision-maker. Extensive legislative and executive decision-making authority has been delegated to them – directly in some jurisdictions; indirectly in others. Severe restrictions on an individual's freedom of movement, association and to earn a livelihood have been declared by them, or on their advice. Employing the analytical lens of regulatory legitimacy, this article examines and seeks to understand this shift from parliamentary sovereignty to autocratic technocracy. How has it occurred? Why has it occurred? What have been the consequences and risks of vesting significant legislative and executive power in the hands of medical-scientific experts; what might be its implications? The article concludes by distilling insights to inform the future design and deployment of public health emergency powers.
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Pub Date : 2020-05-03DOI: 10.1080/20508840.2020.1818168
Tom Ginsburg
The COVID-19 pandemic which has swept the world this year is the greatest global public health crisis in over a century, since the Spanish flu of 1918–1919. That virus was estimated to have infecte...
{"title":"Foreword for special issue on legislatures in the time of Covid-19","authors":"Tom Ginsburg","doi":"10.1080/20508840.2020.1818168","DOIUrl":"https://doi.org/10.1080/20508840.2020.1818168","url":null,"abstract":"The COVID-19 pandemic which has swept the world this year is the greatest global public health crisis in over a century, since the Spanish flu of 1918–1919. That virus was estimated to have infecte...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":"8 1","pages":"1 - 2"},"PeriodicalIF":4.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1818168","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43009915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT This article considers government responses to unemployment caused by the COVID-19 pandemic. It analyses the two main legislative responses adopted by North American governments: a broadening of access to (un)employment insurance (EI) and the adoption of payroll subsidies for companies. It comparatively and critically assesses these two solutions, to eventually propose an alternative plan. Under this plan, access to EI would be broadened to cover those not traditionally covered by it, such as self-employed workers, contract workers, and those caring for a family member sick from COVID-19 or for a child who is at home due to school and day-care closures. Unemployed workers who have traditionally paid into the EI system would be rewarded through a tax credit. To avoid incentivising temporary layoffs, a payroll subsidy would be adopted. The subsidy would make it as attractive to keep workers on payroll as to lay them off so they can benefit from EI. It would also provide a more faithful picture of unemployment rates during the crisis. The plan would also address broader concerns regarding the unsustainability of public spending during the crisis by limiting access to both temporary layoffs and the payroll subsidy. Large and profitable companies, as well as companies with high revenue or cash reserves, would not be able to temporarily lay their employees off during the crisis or benefit from the subsidy. For companies that face liquidity issues yet are not eligible for the subsidy, short-term, interest-bearing emergency loans would be available.
{"title":"Incentivising employment during the COVID-19 pandemic","authors":"P. Lord","doi":"10.2139/ssrn.3573176","DOIUrl":"https://doi.org/10.2139/ssrn.3573176","url":null,"abstract":"ABSTRACT This article considers government responses to unemployment caused by the COVID-19 pandemic. It analyses the two main legislative responses adopted by North American governments: a broadening of access to (un)employment insurance (EI) and the adoption of payroll subsidies for companies. It comparatively and critically assesses these two solutions, to eventually propose an alternative plan. Under this plan, access to EI would be broadened to cover those not traditionally covered by it, such as self-employed workers, contract workers, and those caring for a family member sick from COVID-19 or for a child who is at home due to school and day-care closures. Unemployed workers who have traditionally paid into the EI system would be rewarded through a tax credit. To avoid incentivising temporary layoffs, a payroll subsidy would be adopted. The subsidy would make it as attractive to keep workers on payroll as to lay them off so they can benefit from EI. It would also provide a more faithful picture of unemployment rates during the crisis. The plan would also address broader concerns regarding the unsustainability of public spending during the crisis by limiting access to both temporary layoffs and the payroll subsidy. Large and profitable companies, as well as companies with high revenue or cash reserves, would not be able to temporarily lay their employees off during the crisis or benefit from the subsidy. For companies that face liquidity issues yet are not eligible for the subsidy, short-term, interest-bearing emergency loans would be available.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":"8 1","pages":"355 - 372"},"PeriodicalIF":4.0,"publicationDate":"2020-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45792410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.1080/20508840.2020.1730103
Asaf Wiener, Elad Man
Delegation of rulemaking powers from the legislative branch to regulatory agencies within the executive branch is often explained and legitimised as a means for dealing with complex technical issue...
{"title":"Considering a duty to delegate in designing regulatory legislation","authors":"Asaf Wiener, Elad Man","doi":"10.1080/20508840.2020.1730103","DOIUrl":"https://doi.org/10.1080/20508840.2020.1730103","url":null,"abstract":"Delegation of rulemaking powers from the legislative branch to regulatory agencies within the executive branch is often explained and legitimised as a means for dealing with complex technical issue...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":" ","pages":""},"PeriodicalIF":4.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1730103","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47096419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.1080/20508840.2020.1730098
Shany Winder
The American executive branch has mastered tools that allow it broad discretion while receiving little oversight from other branches. This article provides valuable insights on the complex legislat...
{"title":"Policymaking in the United States: constraining a runaway executive branch","authors":"Shany Winder","doi":"10.1080/20508840.2020.1730098","DOIUrl":"https://doi.org/10.1080/20508840.2020.1730098","url":null,"abstract":"The American executive branch has mastered tools that allow it broad discretion while receiving little oversight from other branches. This article provides valuable insights on the complex legislat...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":" ","pages":""},"PeriodicalIF":4.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1730098","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46890359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.1080/20508840.2020.1730096
Guy Mor, A. Jasper
ABSTRACTThis article argues for the implementation of regulatory policy in parliaments. Regulatory policy is a managerial approach to regulation that is implemented in governments worldwide. Its pr...
摘要本文主张在议会中实施监管政策。监管政策是世界各国政府实施的一种管理方法。其公关……
{"title":"Parliamentary arbitrage and the case for regulatory policy in parliament","authors":"Guy Mor, A. Jasper","doi":"10.1080/20508840.2020.1730096","DOIUrl":"https://doi.org/10.1080/20508840.2020.1730096","url":null,"abstract":"ABSTRACTThis article argues for the implementation of regulatory policy in parliaments. Regulatory policy is a managerial approach to regulation that is implemented in governments worldwide. Its pr...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":" ","pages":""},"PeriodicalIF":4.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1730096","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46136976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.1080/20508840.2019.1736369
Nir Kosti, D. Levi‐Faur, Guy Mor
We live in an age where legislation and regulation make an increasing impact on our lives. The expansion of legislative and regulatory activities and outputs in the last century and especially in t...
{"title":"Legislation and regulation: three analytical distinctions","authors":"Nir Kosti, D. Levi‐Faur, Guy Mor","doi":"10.1080/20508840.2019.1736369","DOIUrl":"https://doi.org/10.1080/20508840.2019.1736369","url":null,"abstract":"We live in an age where legislation and regulation make an increasing impact on our lives. The expansion of legislative and regulatory activities and outputs in the last century and especially in t...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":"1 1","pages":""},"PeriodicalIF":4.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2019.1736369","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60020575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.1080/20508840.2020.1730097
J. Ellig, Michael Horney
Requirements for regulatory impact analysis in the United States vary greatly. Executive branch regulatory agencies in the United States are required to conduct regulatory impact analysis before is...
美国对监管影响分析的要求差异很大。美国的行政部门监管机构必须在。。。
{"title":"Statutory delegation, agency authority, and the asymmetry of impact analysis","authors":"J. Ellig, Michael Horney","doi":"10.1080/20508840.2020.1730097","DOIUrl":"https://doi.org/10.1080/20508840.2020.1730097","url":null,"abstract":"Requirements for regulatory impact analysis in the United States vary greatly. Executive branch regulatory agencies in the United States are required to conduct regulatory impact analysis before is...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":" ","pages":""},"PeriodicalIF":4.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1730097","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47318011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.1080/20508840.2020.1730102
S. Eckert
The EU’s character as a regulatory state is widely accepted, yet more research is needed to shed light on the relationship between primary and secondary legislation, as well as other types of rule ...
{"title":"Beyond legislation: reconsidering the locus of power in EU regulatory governance","authors":"S. Eckert","doi":"10.1080/20508840.2020.1730102","DOIUrl":"https://doi.org/10.1080/20508840.2020.1730102","url":null,"abstract":"The EU’s character as a regulatory state is widely accepted, yet more research is needed to shed light on the relationship between primary and secondary legislation, as well as other types of rule ...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":" ","pages":""},"PeriodicalIF":4.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1730102","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46675489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-04DOI: 10.1080/20508840.2020.1729559
Tesseltje de Lange, Pedro de Sena
Labour migration policies create social tensions over the functioning of national labour markets, the interests of the local workforce, employers’ needs and migrant workers’ rights. This makes legi...
{"title":"Your income is too high, your income is too low: discretion in labour migration law and policy in the Netherlands and Macau","authors":"Tesseltje de Lange, Pedro de Sena","doi":"10.1080/20508840.2020.1729559","DOIUrl":"https://doi.org/10.1080/20508840.2020.1729559","url":null,"abstract":"Labour migration policies create social tensions over the functioning of national labour markets, the interests of the local workforce, employers’ needs and migrant workers’ rights. This makes legi...","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":" ","pages":""},"PeriodicalIF":4.0,"publicationDate":"2019-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1729559","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45813012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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