In the scientific debate about what quality means in legislation, the opinion has spread that legislation of good quality is synonymous with effective legislation. This article discusses that effectiveness does not always equate to legislative quality. The example of the 15th parliamentary term in Greece, amid the acute debt crisis, is typical. The most intense and numerous phenomena of ‘bad’, unconstitutional law-making in recent Greek parliamentary history were observed during this term. Nevertheless, the effects of this kind of legislation were remarkably positive since all the indicators of the Greek economy improved spectacularly. Yet, anti-democratic legislation is not qualitative legislation; even an authoritarian regime can enact effective laws. In a democratic rule of law, however, the law-making processes, the content, and the form of drafts must follow the Constitution and the Standing Orders of the Parliament; the legislature is obliged to produce law by the law. Particularly adherence to the prescribed procedures is of vital importance, as it functions as a guarantee of achieving good legislative quality. After all, no one can foresee the best quality content at the start of the legislative process since it is formed after creative fermentation and balancing of tendencies while following the prescribed procedures.
{"title":"Effectiveness Does Not Always Equate to Legislative Quality: The Case of the 15th Parliamentary Term in Greece","authors":"Ioannis Primpas","doi":"10.1093/slr/hmad001","DOIUrl":"https://doi.org/10.1093/slr/hmad001","url":null,"abstract":"\u0000 In the scientific debate about what quality means in legislation, the opinion has spread that legislation of good quality is synonymous with effective legislation. This article discusses that effectiveness does not always equate to legislative quality. The example of the 15th parliamentary term in Greece, amid the acute debt crisis, is typical. The most intense and numerous phenomena of ‘bad’, unconstitutional law-making in recent Greek parliamentary history were observed during this term. Nevertheless, the effects of this kind of legislation were remarkably positive since all the indicators of the Greek economy improved spectacularly. Yet, anti-democratic legislation is not qualitative legislation; even an authoritarian regime can enact effective laws. In a democratic rule of law, however, the law-making processes, the content, and the form of drafts must follow the Constitution and the Standing Orders of the Parliament; the legislature is obliged to produce law by the law. Particularly adherence to the prescribed procedures is of vital importance, as it functions as a guarantee of achieving good legislative quality. After all, no one can foresee the best quality content at the start of the legislative process since it is formed after creative fermentation and balancing of tendencies while following the prescribed procedures.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45765656","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}
This is another useful volume in a highly useful series. It is particularly helpful to have a discussion of privilege, exclusive cognizance, and the law by a senior clerk, Eve Samson. Having the inside view set down on the page is a useful resource. It would have been good to have a little more on the latest proposals to enforce contempt of parliament, because an unenforceable privilege risks a cycle of inevitable moribundity. That apart, this is an enormously valuable contribution even if there is the occasional comment that is not necessarily the final word on the matter (e.g. ‘The courts and parliament will always have a strained relationship’ is not necessarily the characterization that everybody would attribute—there will always be an inevitably constructive tension keeping the three parts of the separation of powers in their places, but ‘strain’ implies a degree of conflict that is not necessarily either inevitable or desirable).
{"title":"Parliament and the Law, Third Edition, Hart Studies in Constitutional Law","authors":"Daniel Greenberg","doi":"10.1093/slr/hmac018","DOIUrl":"https://doi.org/10.1093/slr/hmac018","url":null,"abstract":"This is another useful volume in a highly useful series. It is particularly helpful to have a discussion of privilege, exclusive cognizance, and the law by a senior clerk, Eve Samson. Having the inside view set down on the page is a useful resource. It would have been good to have a little more on the latest proposals to enforce contempt of parliament, because an unenforceable privilege risks a cycle of inevitable moribundity. That apart, this is an enormously valuable contribution even if there is the occasional comment that is not necessarily the final word on the matter (e.g. ‘The courts and parliament will always have a strained relationship’ is not necessarily the characterization that everybody would attribute—there will always be an inevitably constructive tension keeping the three parts of the separation of powers in their places, but ‘strain’ implies a degree of conflict that is not necessarily either inevitable or desirable).","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"263 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136039468","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}
A. Kostruba, Mykola Haliantych, Svitlana Iskra, Andrii Dryshliuk
The presented article considers the essence and content of the most common defect in legal science—“legal gaps”. This study presents various scientific approaches to the definition of legal gaps. Considering various scientific approaches, the authors of this study formulated their original version of this concept considering its absence from the theory of penitentiary law. The study analyses the main conceptual approaches to the problem of the progressiveness of law in the historical context. The main features of legal gaps are named to become able to distinguish them from conflicts of law. The authors outlined a set of features indicating the presence of a legislative gap in a particular case and provided a scientifically sound classification of gaps. The article also focused on the main types of legal gaps. In addition, the authors addressed the presence of legal gaps in Ukrainian legislation. The originality of this study lies in the formulation of new theoretical conclusions and generalizations that will help identify, eliminate, and overcome gaps in civil procedural law.
{"title":"Legal Gaps: Concept, Content, Problems of the Role of Legal Doctrine in Overcoming them","authors":"A. Kostruba, Mykola Haliantych, Svitlana Iskra, Andrii Dryshliuk","doi":"10.1093/slr/hmac016","DOIUrl":"https://doi.org/10.1093/slr/hmac016","url":null,"abstract":"\u0000 The presented article considers the essence and content of the most common defect in legal science—“legal gaps”. This study presents various scientific approaches to the definition of legal gaps. Considering various scientific approaches, the authors of this study formulated their original version of this concept considering its absence from the theory of penitentiary law. The study analyses the main conceptual approaches to the problem of the progressiveness of law in the historical context. The main features of legal gaps are named to become able to distinguish them from conflicts of law. The authors outlined a set of features indicating the presence of a legislative gap in a particular case and provided a scientifically sound classification of gaps. The article also focused on the main types of legal gaps. In addition, the authors addressed the presence of legal gaps in Ukrainian legislation. The originality of this study lies in the formulation of new theoretical conclusions and generalizations that will help identify, eliminate, and overcome gaps in civil procedural law.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48219589","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}
{"title":"Correction to: Statute, Common Law, and Analogical Reasoning: Pouring Oil on Troubled Waters","authors":"","doi":"10.1093/slr/hmac015","DOIUrl":"https://doi.org/10.1093/slr/hmac015","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44872003","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}
The COVID-19 pandemic has created immense challenges for governments in their management of the public health response and tested the limits of public law. This article undertakes a comparative analysis of the common law jurisdictions of the United Kingdom, New Zealand, and Australia. It discusses the imposition of ‘stay at home’ restrictions pursuant to public health legislative frameworks, focusing on judicial scrutiny in the context of statutory interpretation. It examines the appellate cases of R (Dolan) v Secretary of State for Health and Social Care [2021] 1 WLR 2326, Borrowdale v Director-General of Health [2022] 2 NZLR 356, and Kassam v Hazzard (2021) 106 NSWLR 520. Using these case studies, this article seeks to reveal key themes and implications for public law. What approaches have the courts adopted to construe public health emergency powers? How have the courts treated ‘rights-based’ principles of statutory interpretation? Have the courts approached interpretation in the usual manner or displayed an unorthodox level of deference to other branches of government? The article concludes on what implications the judicial approaches have for the interpretation of emergency powers in the future.
{"title":"COVID-19 Stay at Home Restrictions and the Interpretation of Emergency Powers: A Comparative Analysis","authors":"Bruce Chen","doi":"10.1093/slr/hmac012","DOIUrl":"https://doi.org/10.1093/slr/hmac012","url":null,"abstract":"The COVID-19 pandemic has created immense challenges for governments in their management of the public health response and tested the limits of public law. This article undertakes a comparative analysis of the common law jurisdictions of the United Kingdom, New Zealand, and Australia. It discusses the imposition of ‘stay at home’ restrictions pursuant to public health legislative frameworks, focusing on judicial scrutiny in the context of statutory interpretation. It examines the appellate cases of R (Dolan) v Secretary of State for Health and Social Care [2021] 1 WLR 2326, Borrowdale v Director-General of Health [2022] 2 NZLR 356, and Kassam v Hazzard (2021) 106 NSWLR 520. Using these case studies, this article seeks to reveal key themes and implications for public law. What approaches have the courts adopted to construe public health emergency powers? How have the courts treated ‘rights-based’ principles of statutory interpretation? Have the courts approached interpretation in the usual manner or displayed an unorthodox level of deference to other branches of government? The article concludes on what implications the judicial approaches have for the interpretation of emergency powers in the future.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"60 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138542076","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}
M. Dei, Iryna S. Skliar, Anatolii Shevchenko, Andriy P. Cherneha, O. V. Tavolzhanskyi
{"title":"Retraction to: Preventing and Combating Corruption in the European Union: The Practice of Member States","authors":"M. Dei, Iryna S. Skliar, Anatolii Shevchenko, Andriy P. Cherneha, O. V. Tavolzhanskyi","doi":"10.1093/slr/hmac007","DOIUrl":"https://doi.org/10.1093/slr/hmac007","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48559361","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 The primary task of the judiciary while interpreting the statute is to ascertain the true intention of the legislature. Maxwell on the interpretation of Statutes, setting out the principles evolved by the English Courts, is of immense help in the interpretation of statutes. An indigenous alternative that has been used by the Indian judiciary time and again is the Mimansa Rules which are the traditional rules of interpretation laid down by Jaimini to interpret Brahmanas. Despite dating back to the 5th century BC, these principles are considered scientific to an extent that they can be used to interpret the modern statutes and judgments. The Indian judiciary has adopted the principles of Mimansa to adjudicate several disputes about statutory interpretation. In light of these judgments, the researcher examines the scientific nature and application of the Mimansa Rules of Interpretation in contemporary times in parallel with the Maxwell’s Principles.
{"title":"Learning the Ropes of Tatparya: Revival of the Mimansa Rules of Interpretation","authors":"Krishna Agarwal","doi":"10.1093/slr/hmac002","DOIUrl":"https://doi.org/10.1093/slr/hmac002","url":null,"abstract":"Abstract The primary task of the judiciary while interpreting the statute is to ascertain the true intention of the legislature. Maxwell on the interpretation of Statutes, setting out the principles evolved by the English Courts, is of immense help in the interpretation of statutes. An indigenous alternative that has been used by the Indian judiciary time and again is the Mimansa Rules which are the traditional rules of interpretation laid down by Jaimini to interpret Brahmanas. Despite dating back to the 5th century BC, these principles are considered scientific to an extent that they can be used to interpret the modern statutes and judgments. The Indian judiciary has adopted the principles of Mimansa to adjudicate several disputes about statutory interpretation. In light of these judgments, the researcher examines the scientific nature and application of the Mimansa Rules of Interpretation in contemporary times in parallel with the Maxwell’s Principles.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"410 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531536","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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