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Evaluation of Legislation
The evaluation of the effects of laws is a relatively recent development in Europe. Its growing importance is related to changes in the form of legislation, which is often targeted to achieve certain goals. In these circumstances, the proper application of legal norms alone is no longer sufficient, it is also necessary to verify whether the goals pursued are actually attained. Evaluation of legislation therefore means the assessment of the foreseeable or actual impact of laws to clarify the extent to which the actual impact is consistent with the stated objectives, to identify undesirable effects and to assess the coherency of the means used to attain the objectives. This publication reflects the contribution of the Council of Europe to two bilateral seminars organised with the authorities of Georgia (October 2000) and Ukraine (March 2001). It is organised into two sections: the issues at stake , and European experience.
Explaining Federalism
This book deals with the theoretical and empirical questions of federalism in the context of five case studies: Austria, Belgium, Canada, Germany and Switzerland. The central argument is that in the long run the political institutions of federalism adapt to achieve congruence with the underlying social structure. This change could be in the centralist direction reflecting ethno-linguistic homogeneity, or in decentralist terms corresponding to ethno-linguistic heterogeneity. In this context, the volume: fills a gap in the comparative federalism literature by analyzing the patterns of change and continuity in five federal systems of the industrial west, this is done by an in-depth empirical examination of the case studies through a single framework of analysis illustrates the shortcomings of new-institutionalist approaches in explaining change, highlighting the usefulness of society-based approaches in studying change and continuity in comparative politics. Explaining Federalism will be of interest to students and scholars of federalism, comparative government, comparative institutional analysis and comparative public policy.
On the Rule of Law
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.
The Transformation of the Student Career
This study examines the transformation of the structural characteristics and ideological assumptions of university study in these three countries between the mid-1950s and the early 1990s.
Federalism and the Lander Autonomy
An interesting study of the German higher Education system, examining the development of higher education policies from the post-war years, to the post-unification period.
Rational Lawmaking under Review
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light o...
Drafting Legislation
Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.
Freedom of Speech and Incitement against Democracy
Whilst the protection of political speech is essential to the preservation of a democratic legal order, events of political violence and assassinations highlight the need to rethink questions relating to the boundaries of free speech in a democratic society. To what extent should democratic countries committed to freedom of speech limit those forms of extreme speech that may be considered as incitements to violence? This is a question that has long divided academics and activists alike. It has become even more relevant today, with the recent rise of extreme right-wing parties in various European democracies. In this book, leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how.
