Bargaining in Philadelphia: Constitutional Games, Rational Law-Making, and Originalism

Author(s):  
Alessio Sardo
Keyword(s):  
2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


Author(s):  
Martin Weiser

The position of law in North Korean politics and society has been a long concern of scholars as well as politicians and activists. Some argue it would be more important to understand the extra-legal rules that run North Korea like the Ten Principles on the leadership cult as they supersede any formal laws or the constitution.1 But the actual legal developments in North Korea, which eventually also mediate those leading principles and might even limit their reach, has so far been insufficiently explored. It is easy to point to North Korean secrecy as a main reason for this lacuna. But the numerous available materials and references on North Korean legislation available today have, however, not been fully explored yet, which has severely impeded progress in the field. Even publications officially released by North Korea to foreigners offer surprisingly detailed information on legal changes and the evolution of the law-making institutions. This larger picture of legal developments already draws a more detailed picture of the institutional developments in North Korean law and the broad policy fields that had been regulated from early on in contrast to the often-assumed absence of legislation in important fields like copyright, civil law or investment. It also shows that different to a monolithic system, various law-making institutions exist and fulfil discernably different legal responsibilities. Next to this limitation in content, scholars in the field currently also have not used all approaches legal developments in the North Korea could be analysed and interpreted with. Going beyond the reading of legal texts or speculating about known titles of still unavailable legislation, quantitative approaches can be applied ranging from the simple counting of laws to more sophisticated analysis of legislative numbering often provided with legislation. Understanding the various institutions as flexible in their roles and hence adoptable to shifts in leadership and policy agendas can also provide a more realistic picture of legal practices in North Korea.


Author(s):  
Alexander Kukharev ◽  
Alexander Rusu

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.


2020 ◽  
Author(s):  
E.A. Akunchenko ◽  
M.A. Volkova ◽  
P. A. Vyrva ◽  
D.V. Gershanov ◽  
S.I. Gutnick ◽  
...  
Keyword(s):  

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.


2020 ◽  
pp. 72-76
Author(s):  
G. N. Utkin

The article substantiates that lawmaking is a process characterized by a complex combination of conditional and unconditional. In spite of the predominance of the conditional in its characterization, there must always be something in it that is self-conditioned, immutable and irresistible, and is therefore capable of being the source of the unconditionality of the prescriptions that result from law-making. In modern States, the importance of conditional lawmaking is compensated by the unconditionality of procedural and procedural requirements underlying the organization of the legislative process.


Sign in / Sign up

Export Citation Format

Share Document