scholarly journals Philosophical Approach to the Statutory Drafting

2020 ◽  
Vol 92 ◽  
pp. 51-60
Author(s):  
Martin Škop
Keyword(s):  
Legislative Process ◽  
Primary Control ◽  
Philosophical Approach ◽  
The Public ◽  
Global Capital ◽  
The Law ◽  
The Government ◽  
Informal Regulation ◽  
The Relationship ◽  
Law Making

This article traces the relationship between the law-making process and narratives. Undoubtedly, how statutes are created is a constitutional question, yet the Constitution regulates only part of this process. Constitution or any statute does not regulate parts of the legislative process implemented by the government (mostly preliminary phases). However, they are important and influence the remaining parts of the law-making process. This government’s activity is the sphere of informal regulation hidden from the primary control of the public. This article explores the importance of the bureaucratic elements of the law-making process with emphasis on a narrative approach: narratives justify legislature. How can we overcome the two lines of narratives – one produced by global capital and the other represented by national experience?

11. The key functions of Parliament

2019 ◽  
pp. 229-254
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Executive Power ◽  
Legislative Process ◽  
Government Action ◽  
The Public ◽  
Public Record ◽  
The Government ◽  
And Control ◽  
Law Making

This chapter identifies Parliament's primary functions of making law and scrutinising government action. Parliament's scrutiny of government has been defined as ‘the process of examining expenditure, administration, and policy in detail, on the public record, requiring the government of the day to explain itself to parliamentarians as representatives of the citizen and the taxpayer, and to justify its actions’. In the absence of a codified constitution and entrenched limits on executive power, the requirement for the government to answer to Parliament for its actions acts as a check and control. The chapter also considers the legislative process, particularly legislative scrutiny. Secondary legislation made by the government can often be subject to much less scrutiny and debate than primary legislation, and sometimes none at all. These scrutiny gaps increase the risk of arbitrary law-making and ‘governing from the shadows’, again raising rule of law concerns.

Electronic Surveillance for the Public Good

2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker
Keyword(s):  
Public Good ◽  
Central Government ◽  
Electronic Surveillance ◽  
The Public ◽  
Surveillance Technology ◽  
Self Interest ◽  
The Law ◽  
The Government ◽  
The Uk ◽  
The Relationship

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.

scholarly journals Criticisms toward the job creation bill and ethical reconstruction of legislators based on prophetic values

2021 ◽  
Vol 29 (1) ◽  
pp. 144-160
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Participation ◽  
Social Ethics ◽  
Job Creation ◽  
Legislative Process ◽  
Top Down ◽  
Philosophical Approach ◽  
The Public ◽  
New Form ◽  
Law Making ◽  
Research Show

Post the issuance of Law Number 11 of 2020 concerning Job Creation, the public paid more attention by continuing to protest and criticize. This response occurred due to various legislative deviations noticed during the legislative process of the Job Creation Bill by not adhering to the principles and procedures for the formation of laws and regulations. The main cause for this deviation is due to the ethics of the legislators who are not thoroughly compliant and obedient toward the statutory regulations and social ethics. Legislators’ understanding of law and life tends to be influenced by materialistic-positivistic views that bring forth consumptive, hedonistic, and secular demeanors and behaviors. On this basis, this paper tries to criticize and reconstruct the legislators’ ethics in law-making. This study is using a normative juridical method and is supported by a philosophical approach. The outcomes of this research show that the process in the making of the Job Creation Bill tends to override the principle of transparency and public participation with a closed and hasty pattern so that it is a complete ulterior hasty agenda that prioritizes the concept of regulating and monitoring only (top-down). A work ethic based on prophetic values that are supported by the ground principles of a prophetic paradigm that includes humanization, liberation, and transcendence into a new form of construction to be able to create a better and just legislative process.

Electronic Surveillance for the Public Good

2011 ◽  
pp. 2597-2609
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker
Keyword(s):  
Public Good ◽  
Central Government ◽  
Electronic Surveillance ◽  
The Public ◽  
Surveillance Technology ◽  
Self Interest ◽  
The Law ◽  
The Government ◽  
The Uk ◽  
The Relationship

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.

11. The key functions of Parliament

2021 ◽  
pp. 243-270
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Executive Power ◽  
Legislative Process ◽  
Government Action ◽  
The Public ◽  
Public Record ◽  
The Government ◽  
And Control ◽  
Law Making

This chapter identifies Parliament’s primary functions of making law and scrutinising government action. Parliament’s scrutiny of government has been defined as ‘the process of examining expenditure, administration, and policy in detail, on the public record, requiring the government of the day to explain itself to parliamentarians as representatives of the citizen and the taxpayer, and to justify its actions’. In the absence of a codified constitution and entrenched limits on executive power, the requirement for the government to answer to Parliament for its actions acts as a check and control. The chapter also considers the legislative process, particularly legislative scrutiny. Secondary legislation made by the government can often be subject to much less scrutiny and debate than primary legislation, and sometimes none at all. These scrutiny gaps increase the risk of arbitrary law-making and ‘governing from the shadows’, again raising rule of law concerns.

scholarly journals Legal Regulations Impact on Social Capital. The Case of Poland

2020 ◽  
pp. 227-254
Author(s):  
Lech Kurowski ◽  
Piotr Szymaniec
Keyword(s):  
Social Capital ◽  
Legislative Process ◽  
Legal Regulations ◽  
Statutory Law ◽  
History Of ◽  
Capital Building ◽  
The Law ◽  
The Impact ◽  
The Relationship ◽  
Law Making

The article’s goal is to examine the impact of legal regulations on social capital on example of Poland. Due to specific conditions of Poland’s history of the last 200 years, legal institutions were not supposed to contribute to creation of social capital and in fact made it difficult. Our objective is to investigate the role of positive law in social capital building process. In the authors’ view, the relationship between statutory law and social capital is a complex one. On the one hand, a large stock of social capital supports statutory law, which can therefore be applied more effectively. Moreover, in such a situation, legal regulations do not have to be too detailed and casuistic. On the other hand, inadequate legal regulations may reduce the resource and quality of social capital, while well thought-out regulations can, in turn, support social capital. After review of literature referring to the relationship between the law and social capital, factors influencing social capital are discussed. It is followed by a short history of social capital evolution in Poland. After WWII, Polish legal system contributed to stressing the differences between identified groups, each of them enjoying different privileges. Due to bureaucratic character of this law, it did not help to strengthen social capital. Final section deals with general issues of the law-making process. We are presenting a tentative proposal to expand regulatory impact assessment (RIA) methodology, used in Poland and other OECD countries, by aspects important from social capital perspective. In our opinion, social capital building aspects were formally and practically forgotten during legislative process. Our suggestions on how to deal with social capital in the law-making processes are meant to propose corrective measures.

scholarly journals Law and algorithms in the public domain

2016 ◽  
Vol 10 (1) ◽  
pp. 15
Author(s):  
Dag Wiese Schartum
Keyword(s):  
Decision Making ◽  
Public Domain ◽  
Systems Development ◽  
Legislative Process ◽  
Political Involvement ◽  
The Public ◽  
Government Decision ◽  
The Law ◽  
The Relationship ◽  
Legislative Processes

<p>This article explains and discusses the relationship between traditional legislative processes and the development of automated government decision-making systems. The juridical aspects of systems development should be regarded as invisible quasi-legislation. The author investigates and discusses possible ways of changing the legislative process with a view to increasing and improving political involvement in processes today often regarded as mere implementation, and thereby safeguard that important parts of the law of our computerised society is situated in the public domain.</p>

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

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.

The Relationship Between Government Popularity and Approval for the Government's Record in the United Kingdom

1985 ◽  
Vol 15 (2) ◽  
pp. 165-186 ◽  
Author(s):  
John Hudson
Keyword(s):  
The Public ◽  
The Past ◽  
The United Kingdom ◽  
State Of The Economy ◽  
Degree Of Stability ◽  
Key Variables ◽  
The Government ◽  
The Relationship ◽  
Opinion Polls

The past decade has seen the growth of a considerable literature on the link between government popularity, as reflected by the proportion of the public indicating their intention to vote for the government in opinion polls, and the state of the economy, as represented by certain key variables. The work began in the early 1970s with articles by Goodhart and Bhansali, Mueller, and Kramer. It continued through the decade; some of the more recent contributions can be found in a set of readings edited by Hibbs and Fassbender. However, despite the amount and quality of this work, problems remain. Principal amongst these, as Chrystal and Alt have pointed out, is the inability to estimate a relationship which exhibits any degree of stability either over time or between researchers. Nearly all the studies have been successful in finding a significant relationship for specific time periods, but when these are extended, or when the function is used to forecast outside the original estimation period, the relationship appears to break down.

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