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Legislation in Europe
This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
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.
The Equilibrium of Parliamentary Law-making
This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of...
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.
Due Process and International Terrorism
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States’ due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law’s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Dimensions of Dignity
Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.
