The theory and practice of legislation最新文献

{"title":"The deteriorating legislative role of the legislature in multilevel democracies. Case of Poland","authors":"Renata Mieńkowska-Norkiene, Adam Szymański, Łukasz Zamęcki","doi":"10.1080/20508840.2024.2338500","DOIUrl":"https://doi.org/10.1080/20508840.2024.2338500","url":null,"abstract":"Poland is a case of a state in which the role of legislative bodies in the political system has been gradually reduced at the various levels – national, regional, and local. Recently, this process ...","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140832824","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":"A ‘flawless’ constitutional engineering project in Turkey: regime transformation through constitutional amendments of 2007, 2010, and 2017","authors":"Ömer Faruk Gençkaya, Seda Dunbay","doi":"10.1080/20508840.2024.2338499","DOIUrl":"https://doi.org/10.1080/20508840.2024.2338499","url":null,"abstract":"A functional legislature is very vital for democratisation. During the time of democratic consolidation, parliament changes from its primary roles of oversight, representation and legislation into ...","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"82 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140603205","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":"Review: ODIHR Guidelines on Democratic Lawmaking for Better Laws","authors":"Victor Marcel Pinheiro","doi":"10.1080/20508840.2024.2333621","DOIUrl":"https://doi.org/10.1080/20508840.2024.2333621","url":null,"abstract":"Published in The Theory and Practice of Legislation (Ahead of Print, 2024)","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"109 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140570843","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":"Indonesia parliamentary reform and legislation quality backsliding phenomenon: case of Indonesia post reformasi","authors":"Bagus Hermanto, Asrul Ibrahim Nur, Made Subawa","doi":"10.1080/20508840.2024.2316507","DOIUrl":"https://doi.org/10.1080/20508840.2024.2316507","url":null,"abstract":"Legislative quality and parliamentary reforms are inseparable prominent agendas that sought the implementation of democracy and rule of law into parliamentary functions and role to support their ex...","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139955677","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":"Parliamentary inquiries as minority rights: are legal transplants possible?","authors":"Zsolt Szabó","doi":"10.1080/20508840.2024.2311467","DOIUrl":"https://doi.org/10.1080/20508840.2024.2311467","url":null,"abstract":"Committees of inquiry, in related literature, are often called as ‘sharpest sword’ of the opposition. However, this sharpness is highly dependent on how much rights the opposition is effectively pr...","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139754920","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":"The art of effective oversight: unravelling the success of Israel's Cabel Inquiry Committee","authors":"Bell E. Yosef","doi":"10.1080/20508840.2024.2310473","DOIUrl":"https://doi.org/10.1080/20508840.2024.2310473","url":null,"abstract":"Legislative oversight of the executive branch is a fundamental mechanism for ensuring government accountability, good governance, and enhancing democracy. However, formal oversight powers alone are...","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139755075","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":"Ukraine's parliament in war: the impact of Russia's invasion on the Verkhovna Rada's ability and efforts to legislate reforms and join the European Union","authors":"Charles R. Wise, Olena Suslova, Trevor L. Brown","doi":"10.1080/20508840.2023.2299080","DOIUrl":"https://doi.org/10.1080/20508840.2023.2299080","url":null,"abstract":"Other than the Baltic countries, Ukraine has made the most progress in the transition to democracy than any other post-Soviet country. Ukraine's Parliament, the Verkhovna Rada, has been an instrume...","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"159 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139422390","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":"Modelling sustainable uniformity of the Australian national uniform legislation through ordinal regression","authors":"Guzyal Hill, Yakub Sebastian, Ittai Bar-Siman-Tov","doi":"10.1080/20508840.2023.2259183","DOIUrl":"https://doi.org/10.1080/20508840.2023.2259183","url":null,"abstract":"ABSTRACTNational uniform legislation exists in federations to implement national reforms where the central government does not have the direct authority to legislate under the Constitution. The State jurisdictions must work together on legislation to address urgent issues of national concern, national uniform legislation. Developing and drafting national uniform legislation are complicated and complex because they require the cooperation of many units with asymmetrical knowledge, competing priorities, limited budgets and timeframes, and at times irreconcilable differences. Empirical data analysis and statistics could provide an aid for decision-making in these circumstances. On examination of a large body of legal information on the 69 most significant Australian national reforms, this article finds factors that inhibit or promote sustainable uniformity of enacted legislation by using ordinal regression for the first time. This work provides significant evidence-based insights into the process of harmonisation in federations. Overall, our findings contradict the general belief that the uniformity is mostly dependent on structures alone (referred, applied, mirror, and hybrid). If sustainable uniformity is the goal,the decision-makers must allow resources for establishing the national regulator, ensure maximum uptake by the majority of the nine Australian jurisdictions, support the development of national uniform legislation through the National Cabinet, and be prepared for the second wave of national reforms through consecutive reforms. These findings have valuable strategic implications for policymakers, law reform agencies, and legislative drafters who intend to rely on evidence for future decision-making in terms of the most important national reforms. This paper provides recommendations for governments intending to ensure the sustainability of uniformity and adaptability of the Australian legislation for any future changes without losing the important consensus that has been achieved. The findings are also important for other federations seeking to implement harmonised legislation.KEYWORDS: Harmonisationlegislationuniform actsfactorsmodellingordinal regressionAustralia Disclosure statementNo potential conflict of interest was reported by the author(s).Notes1 A. O. Gary Banks , ‘Evidence-based Policy Making: What is It and How Do We Get It?’ in John Wanna (ed), Critical Reflections on Australian Public Policy: Selected Essays (ANU Press 2009), 109.2 Legislation that is drafted in substantial terms across several local jurisdictions in Australian or other federation by a ministerial council, national regulator, or a national reform body. Guzyal Hill, National Uniform Legislation (Springer Nature 2022) 29.3 Ittai Bar-Siman-Tov, ‘Temporary Legislation, Better Regulation, and Experimentalist Governance: An Empirical Study’ (2018) 12 Regulation & Governance 192; Guzyal Hill, ‘Untapped Opportunities for the Use of AI in Comparing Legislation for Nati","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134968540","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":"Symbolic Legislation and the Regulation of Stroke Biobanking and Genomics Research in Sub-Saharan Africa.","authors":"Muyiwa Adigun, Babatunde Ojebuyi, Joshua Akinyemi, Kolawole Wahab, Albert Akpalu, Fred S Sarfo, Lukman F Owolabi, Rabiu Musbahu, Abiodun Bello, Reginald Obiako, Mayowa Ogunronbi, Michelle Nichols, Carolyn Jenkins, Ayodele Jegede, Rajesh Kalaria, Mayowa Owolabi, Bruce Ovbiagele, Oyedunni Arulogun, Rufus Akinyemi","doi":"10.1080/20508840.2022.2025741","DOIUrl":"10.1080/20508840.2022.2025741","url":null,"abstract":"<p><p>Stroke is a major cause of death in Sub-Saharan Africa (SSA) and genetic factors appear to play a part. This led to the development of stroke bio-banking and genomics research in SSA. Existing stroke studies have focused on causes, incidence rates, fatalities and effects. However, scant attention has been paid to the legal issues about stroke bio-banking and genomics research in the sub-region. Therefore, this article examines how genomics research and stroke bio-banking in SSA can be regulated through legislation. The article reports that there are germane issues to be addressed such as appropriate consent model, commercial use of biological samples, ownership right in biological samples and return of research results but that the position of the law on these issues is not satisfactory because there are no statute directly regulating them while existing regulations in these countries are either absent, outdated, conservative or difficult to navigate. The article therefore applies the theory of symbolic legislation and argues for legislative intervention through positive symbolic approach. It recommends that the statute to be enacted should only address policy issues by way of legal rules without being detailed while the understanding of the rules should be fostered in explanatory notes. The explanatory notes should contain examples borne of decided cases, cases settled out of court and the ethical guidelines prepared by Human Heredity and Health in Africa (H3 Africa). Where they are inadequate, recourse may be had to other ethical guidelines subject to the demands of local circumstances.</p>","PeriodicalId":75198,"journal":{"name":"The theory and practice of legislation","volume":"9 3","pages":"404-424"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8863338/pdf/nihms-1769949.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9154302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Incentivising employment during the COVID-19 pandemic","authors":"Phil Lord","doi":"10.1080/20508840.2020.1792635","DOIUrl":"https://doi.org/10.1080/20508840.2020.1792635","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":75198,"journal":{"name":"The theory and practice of legislation","volume":"303 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505896","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}