The Impact of Gender in the Legislative Process

2016 ◽  
pp. 221-236
Keyword(s):  
Legislative Process ◽  
The Impact

The Interaction of Judicial and Legislative Policymaking

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
Mutual Recognition ◽  
Case Law ◽  
Legislative Process ◽  
European Legislation ◽  
Eu Legislation ◽  
Political Preferences ◽  
General Rules ◽  
Judicial Policymaking ◽  
The Impact ◽  
The Eu

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

Moving Beyond Procedure

2002 ◽  
Vol 35 (7) ◽  
pp. 784-813 ◽  
Author(s):  
AMIE KREPPEL
Keyword(s):  
European Union ◽  
European Parliament ◽  
Decision Procedures ◽  
The Other ◽  
Current Debate ◽  
Legislative Process ◽  
The European Union ◽  
The Impact ◽  
Legislative Influence

This article examines the influence of the European Parliament (EP) within the legislative process of the European Union. Although debate over the impact of the cooperation and co-decision I procedures continues, this article argues that, in part, the current theoretical debate is a false one that has caused many of the other important variables that affect EP legislative influence to be ignored. This article briefly revisits the current debate, then proceeds to an analysis of the success of more than 1,000 EP amendments under the cooperation and co-decision procedures. This evidence suggests that numerous other variables, such as internal EP unity and type of amendment made, have a significant impact on EP success, even controlling for procedure. In addition, this comparison points out some empirical differences between the two procedures that have been largely ignored in the theoretical debate but that nonetheless have a significant impact of EP success and merit further study.

15. Evidence from Outside

2018 ◽  
Author(s):  
Andrew Defty ◽  
Hannah White
Keyword(s):  
Twentieth Century ◽  
Government Policy ◽  
Central Place ◽  
Professional Experience ◽  
Legislative Process ◽  
Members Of Parliament ◽  
External Evidence ◽  
The Uk ◽  
Oral Evidence ◽  
The Impact

This chapter considers the UK Parliament's use of external evidence in the scrutiny of policy and legislation. Throughout the nineteenth and most of the twentieth century, Members of Parliament (MPs) drew on their professional experience outside of Parliament to provide informed scrutiny of government policy and legislation. Since the latter part of the twentieth century, however, there has been a significant increase in opportunities for Parliament to draw on external evidence. Today, external evidence occupies a central place in Parliament's scrutiny and legislative functions. The chapter first examines how select committees scrutinize policy and administration, making a distinction between written evidence and oral evidence, before discussing the impact of evidence-taking on the legislative process for draft bills that are subject to scrutiny by public bill committees. It also describes formal mechanisms by which evidence and expertise are drawn into Parliament.

Lobbyists and the Legislative Process: The Impact of Environmental Constraints

1977 ◽  
Vol 71 (1) ◽  
pp. 252-263 ◽  
Author(s):  
John M. Bacheller
Keyword(s):  
Group Size ◽  
Presidential Campaigns ◽  
Legislative Process ◽  
Environmental Constraints ◽  
Group Conflict ◽  
Group Competition ◽  
The Impact

In this study of lobbyists' techniques and perceptions of the legislative process, the impact of several aspects of the legislative environment is examined, including group competition and the use of issues by candidates in presidential campaigns. Data from a sample of lobbyists indicates that nonconflictual issues are treated differently by lobbyists and the Congress from issues involving group conflict. Similarly, issues used in presidential campaigns are treated differently from those developed outside them. Finally, group size is shown to be a further influence on lobbyists' techniques in dealing with Congress.

Legislative Delegation to the Executive in the ‘Second’ Italian Republic

Modern Italy ◽  
2007 ◽  
Vol 12 (1) ◽  
pp. 73-89 ◽  
Author(s):  
Paola Mattei
Keyword(s):  
Education Reform ◽  
Policy Process ◽  
Trade Unions ◽  
Legislative Process ◽  
Health Care Reforms ◽  
Legislative Delegation ◽  
New Interpretation ◽  
The Impact ◽  
The Relationship ◽  
Welfare Reforms

Considering the increasing quantitative usage and expanding qualitative scope of instruments of delegated legislations as the predominant means of enacting welfare reforms, this article investigates the consolidation throughout the Second Italian Republic of a new interpretation of executive prerogatives in the exercise of legislative functions. This is not only a problem in relation to the constitutional balance defining the relationship between the executive and legislature, but also an issue for executive policy leadership and capacity to steer the legislative process. It is argued that since the 1990s the usage of legislative decrees has become a sui generis and the predominant means of decision-making, adopted in particular for welfare reforms. In particular, delegated legislation to the executive has changed the impact that interest groups, such as trade unions, have on the policy process. Two case studies are presented by way of illustration, namely the health care reforms of the early 1990s and the education reform in 2003.

THE IMPACT OF ARTIFICIAL INTELLIGENCE IN THE LEGISLATIVE PROCESS ON HUMAN RIGHTS

2020 ◽  
Vol 10 (4) ◽  
pp. 70-75
Author(s):  
TOMAS MOLODTSOV ◽  
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Legislative Process ◽  
Additional Measure ◽  
Human Rights Protection ◽  
Methods Of Analysis ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Automation Tools ◽  
The Impact

The article is devoted to the definition of artificial intelligence and its impact on human rights in the context of lawmaking activity. Purpose of the article: this paper aims to investigate the main approaches to understanding artificial intelligence and the consequences of its integration into the legislative process, as well as to assess the impact of artificial intelligence on human rights. The purpose of the article is also to identify the risks of such influence and ways to level them. Methodology and methods: this article uses general scientific methods of analysis, especially empirical and dialectical, which allow to consider raised issues comprehensively. The author also uses methods of analysis and synthesis, induction and deduction. Conclusions: as the result of this research, the author comes to the conclusion that artificial intelligence, understood as both an exclusively automated tool and a pure consciousness, can significantly optimize the current lawmaking system. However, its impact on human rights in this context may be negative, limiting the freedom of choice, privacy and secrecy of correspondence. To protect human rights, the author recommends using automation tools only as additional measure, but not as substitute. The conclusion raises the question of what consequences can occur for people if artificial intelligence, integrated into law-making activities, can become aware of itself. Scope of the results: this work can be interested to both lawmakers and society as a whole, as it raises basic issues of human rights protection in the context of global digitalization.

Digitalization in the modern culture of law-making: a trend for renewal and a positive trend in legal life

2020 ◽  
pp. 165-179
Author(s):  
Vladimir Samorodov
Keyword(s):  
Rapid Development ◽  
Comparative Method ◽  
Positive Influence ◽  
Theoretical Research ◽  
Legislative Process ◽  
Positive Trend ◽  
Modern Culture ◽  
The Law ◽  
The Impact ◽  
Law Making

The relevance of the study is due to the need for theoretical research of new processes of law and law-making digitization. The particular interest is the analysis of digitalization in the context of modern culture of law-making and the impact of digital technologies on the legal life of society. Theoretical research in this area can create the basis for preventing and overcoming numerous difficulties in practical legal (law-making) activity that may be associated with the introduction of this activity in the format of digital reality. The aim of the work is to study the processes of digitalization in-fluence on the law-making institution (the culture of law-making activity) and to identify positive trends in the legal life of society related to the digital form. The methodological basis of the research is based on classical methods (dialectics, logic, analysis, synthesis, comparative method, etc.). We also draw attention to the need for gradual development and the possibility of applying methodological knowledge of post-non-classical epistemology, information approach, which help to study the qualitative characteristics of the digitization of law, law-making and culture in their nonlinear rapid development and self-development. The results of the study can be attributed to the allocation of positive and some negative aspects of the impact of digitalization on the culture of law-making and the legal life, the analysis of certain legislative provisions aimed at digitalization of the legislative process (on the example of the law of Tambov region), the establishment of the essential properties of the process of modern culture of law-making digitalization and its mainly positive influence on the legal life.

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