3. Legislative Processes Are Constitutional Questions

2019 ◽  
pp. 55-73
Keyword(s):  
Legislative Processes

The Effect of the Political Situation in the City of Jerusalem on the Rights of the Jerusalem Women

1970 ◽  
pp. 36-47
Author(s):  
Fadwa Al-Labadi
Keyword(s):  
Middle East ◽  
Middle Eastern ◽  
Colonial Period ◽  
Sexual Life ◽  
Family Status ◽  
Colonial Legacy ◽  
Legal Principle ◽  
The Social ◽  
The City ◽  
Legislative Processes

The concept of citizenship was introduced to the Arab and Islamic region duringthe colonial period. The law of citizenship, like all other laws and regulations inthe Middle East, was influenced by the colonial legacy that impacted the tribal and paternalistic systems in all aspects of life. In addition to the colonial legacy, most constitutions in the Middle East draw on the Islamic shari’a (law) as a major source of legislation, which in turn enhances the paternalistic system in the social sector in all its dimensions, as manifested in many individual laws and the legislative processes with respect to family status issues. Family is considered the nucleus of society in most Middle Eastern countries, and this is specifically reflected in the personal status codes. In the name of this legal principle, women’s submission is being entrenched, along with censorship over her body, control of her reproductive role, sexual life, and fertility.

Constitutional Dysfunction on Trial

2019 ◽  
Author(s):  
Jasmine Farrier
Keyword(s):  
Separation Of Powers ◽  
Public Deliberation ◽  
Federal System ◽  
War Powers ◽  
Everyday Politics ◽  
Federal Judges ◽  
Legislative Processes

In an original assessment of all three branches, this book reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, the book diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, the book provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire—leaving Congress as an institution even more disadvantaged. The book argues these suits are more symptoms of constitutional dysfunction than the cure. It shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.

scholarly journals On natural law as a possible normative reference point in legislative processes

2020 ◽  
pp. 13-24
Author(s):  
Bogdan Szlachta
Keyword(s):  
Classical Theory ◽  
Natural Law ◽  
Catholic Church ◽  
Reference Point ◽  
Point Of View ◽  
Legislative Processes ◽  
Modern Era ◽  
The Catholic Church

In the modern era, the only indicator of the validity of law is that it is passed by the authorities in accordance with procedures. Has the classical theory of natural law ceased to matter? The author, referring to contemporary statements of popes and documents of the Catholic Church, analyses what significance natural law has today from a normative point of view and why it is particularly important in the present-day world, as well as in a multicultural world.

Ideologically Structured Action: An Enlarged Agenda for Social Movement Research

2000 ◽  
Vol 5 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Mayer Zald
Keyword(s):  
Social Movements ◽  
Social Science ◽  
Social Movement ◽  
Research Agenda ◽  
Electoral Competition ◽  
Cognitive Components ◽  
Open Research ◽  
Research Agendas ◽  
Bureaucratic Agencies ◽  
Legislative Processes

The conceptual definitions we use in social science often need adjusting to allow scholars to hone in on issues that are obscured under other definitions and to open research agendas. Here it is argued that a focus upon social movements as ideologically structured action accomplishes two objectives. First, it allows us to incorporate cultural/cognitive components of action into our core definition. Second, it helps us to broaden our research agenda to include a deeper and fuller view of socialization to social movement ideology and to social movement-related action that takes place in a variety of institutional arenas, including electoral competition, legislative processes, bureaucratic agencies, and executive ojfces.

Fraudulent Sex Criminalisation in Australia: Disparity, Disarray and the Underrated Procurement Offence

2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Jianlin Chen
Keyword(s):  
Sexual Consent ◽  
Sexual Offence ◽  
Respective Treatment ◽  
Legal Outcomes ◽  
Definition Of ◽  
Legislative Processes

This article critically investigates the criminalisation of fraudulent sex across Australia’s eight states and territories. Through situating the statutory definition of sexual consent alongside the respective treatment of the procurement offence (a sexual offence that punishes obtaining sex through any false representation), this article identifies the four distinct approaches of criminalising fraudulent sex and demonstrates the surprising stark divergence in legal outcomes. This article argues that the approaches adopted by half of the surveyed jurisdictions are flawed from the perspective of legislative design, and highlights the deficient legislative processes that failed to pay due regard to the procurement offence. In this regard, this article proposes statutory reform to enhance the coherency and clarity of fraudulent sex criminalisation.

2. The Origins, Institutions, and Development of the Union and the Legislative Processes

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
The European Union ◽  
Questions And Answers ◽  
Legislative Processes

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the origins, institutions, and development of the European Union and legislative processes.

4. EU legislative powers

2020 ◽  
pp. 88-122
Author(s):  
Sylvia de Mars
Keyword(s):  
Transition Period ◽  
International Agreements ◽  
Soft Law ◽  
Eu Law ◽  
Principle Of Proportionality ◽  
The Uk ◽  
The Impact ◽  
Legislative Processes ◽  
Domestic Law ◽  
The Eu

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.

Sign in / Sign up

Export Citation Format

Share Document