3. Law-making: authority and process

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Detailed Account ◽  
European Institutions ◽  
Legal Principle ◽  
Different Types ◽  
Legislative Procedure ◽  
The Law ◽  
The Uk ◽  
Law Making ◽  
Made In

This chapter considers how law is made in the UK, who makes it, and whence they get the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK, and the different types of legislation that it enacts Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key European institutions are discussed.

3. Law-making: authority and process

2019 ◽  
pp. 27-72
Author(s):  
Martin Partington
Keyword(s):  
European Union ◽  
Detailed Account ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Principle ◽  
Legislative Procedure ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key institutions of the European Union and the Council of Europe are considered. The impact of Brexit is also considered.

3. Law-making: authority and process

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
European Union ◽  
Detailed Account ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Principle ◽  
Legislative Procedure ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK, and the different types of legislation that it enacts in Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key institutions of the European Union are discussed, including the Council of Europe and the European courts. The impact of Brexit is also considered.

3. Sources of law: Authority and process

2021 ◽  
pp. 27-70
Author(s):  
Martin Partington
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legislative Procedure ◽  
The Law ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The legislative functions of the devolved administrations are mentioned. The law-making functions of judges, particularly through case law and the interpretation of statutes, are also considered, as is the impact of the Council of Europe on human rights. Finally, an outline of the law-making processes of the European Union is given.

Blowing Hot and Cold: The Role of Estoppel

2020 ◽  
pp. 131-154
Author(s):  
Larissa Katz
Keyword(s):  
Detailed Account ◽  
Private Rights ◽  
Personal Authority ◽  
Normative Significance ◽  
The Law ◽  
The Right ◽  
Formal Statement ◽  
Made In

This chapter provides a detailed account of a particular kind of estoppel. It argues that the law knows of a doctrine of “formal estoppel,” as contrasted with other, more familiar, variants. Formal estoppel is an extension of estoppel by deed, whereby a person who makes a formal statement as to their rights is estopped from subsequently denying that statement. It explains the nature and normative significance of formal estoppel in terms of the personal authority wielded by right-holders over the determination of their rights. Part of what it means to have a private right, as this chapter shows, is for the right-holder to have personal authority in relation to others’ understanding of their rights. The exercise of this authority extends to public statements made in respect of an individual’s rights. Statements by right-holders are an important way in which clarity can be reached in what an individual owes another. Recognition of the authority and responsibility of right-holders for public statements as to their rights implies that the law should treat them as binding and final. Formal estoppel is, then, the means by which courts recognize a question as to private rights as having been irrevocably decided by the right-holder.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

scholarly journals Let Us Assume That Gene Editing is Safe—The Role of Safety Arguments in the Gene Editing Debate

2018 ◽  
Vol 28 (1) ◽  
pp. 100-111 ◽  
Author(s):  
SØREN HOLM
Keyword(s):  
Gene Editing ◽  
Legal Principle ◽  
Rhetorical Function ◽  
Made In

Abstract:This paper provides an analysis of the statement, made in many papers and reports on the use of gene editing in humans, that we should only use the technology when it is safe. It provides an analysis of what the statement means in the context of nonreproductive and reproductive gene editing and argues that the statement is inconsistent with the philosophical commitments of some of the authors, who put it forward in relation to reproductive uses of gene editing, specifically their commitment to Parfitian nonidentity considerations and to a legal principle of reproductive liberty.But, if that is true it raises a question about why the statement is made. What is its discursive and rhetorical function? Five functions are suggested, some of which are more contentious and problematic than others. It is argued that it is possible, perhaps even likely, that the “only when it is safe” rider is part of a deliberate obfuscation aimed at hiding the full implications of the arguments made about the ethics of gene editing and their underlying philosophical justifications.

scholarly journals Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

2003 ◽  
pp. 117-135
Author(s):  
Jovan Arandjelovic
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
European Law ◽  
The Road ◽  
European Institutions ◽  
Democratic State ◽  
The Law ◽  
Sense Of Justice ◽  
New Criteria

The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

scholarly journals The role of legal intellection in the lawmaking mechanism

2020 ◽  
Vol 6 (3) ◽  
pp. 67-73
Author(s):  
Ekaterina A. Petrova
Keyword(s):  
Special Kind ◽  
Thinking Style ◽  
Legal Traditions ◽  
Methods And Techniques ◽  
Legal Thinking ◽  
The Law ◽  
Legal Understanding ◽  
Law Making

The article gives the authors interpretation of legal intellection as a special kind of professional thinking. It is underlined that legal intellection is directly connected with lawmaking, since the law is a result of both of these processes. The main directions of its influence on the elements of the lawmaking mechanism are considered. The author interprets lawmaking mechanism as a set of interrelated and interdependent technical and legal elements that support law creation. These elements include the law-makers; law-making methods and techniques; the rules of claw; forms (sources) of law. It is noted that the lawyers belonging to a particular type of legal understanding determines the understanding of lawmaking process. The author analyzes the influence of legal thinking style, determined by legal traditions of various legal families, on application of various forms of law as a result of lawmaking. The examples from Russian and American legal reality are given. The problem of legal intellection level of lawmakers is discussed, because of its influence on the quality of sources of law. It is concluded that legal intellection as a special kind of professional thinking permeates all types of legal activities and, first of all, directly affects the specifics of the lawmaking mechanism, determining the content of its main elements: the law-makers are the holders of legal intellection; methods, techniques of law-making are determined by the stylistic features of legal thinking; the quality of the forms of law created in the lawmaking process directly depends on the legal thinking level of their creators.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

The Role of the Directors

2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler
Keyword(s):  
Public Interest ◽  
Company Law ◽  
Economic Interests ◽  
Financial Reports ◽  
The Public ◽  
Company Directors ◽  
The Board Of Directors ◽  
The Law ◽  
The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

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