Confidence or Diffidence in Law-Making? The Evolution of the “Normative Role” of the Italian Government

2020 ◽  
pp. 197-224
Author(s):  
Nicola Lupo
Keyword(s):  
Italian Government ◽  
Law Making ◽  
Normative Role

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 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.

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

scholarly journals The Role of Sub-Regional Systems in Shaping International Investment Law-Making: The Case of the Visegrád Group

2021 ◽  
pp. 135-153
Author(s):  
Federica Cristani
Keyword(s):  
Soft Power ◽  
International Investment ◽  
Main Question ◽  
International Investment Law ◽  
Regional System ◽  
Investment Law ◽  
Advocacy Role ◽  
Visegrad Group ◽  
Law Making

AbstractThe present chapter focuses on the role of the Visegrád group (or V4, comprising Slovakia, Hungary, Poland and the Czech Republic) in international investment law-making. The chapter starts with a brief overview of the V4 group as a sub-regional system in Europe, including its modus operandi and main achievements in the field of economic cooperation. Subsequently, it turns to the regulation of foreign direct investment (FDI), both at the level of each V4 state and at EU level—with particular regard to the implication of the EU’s exclusive competence on FDI. Special attention is paid to the approach of the V4 countries towards the question of termination of intra-EU bilateral investment treaties (BITs)—including an overview of the related objections to jurisdiction that the four countries have raised over the years in investor-state arbitrations based on intra-EU BITs—and to the relationship of the V4 group with non-EU countries—especially with (selected) East Asian countries. The main question is whether—and to what extent—the V4 group as a sub-regional system has a role to play in international investment law-making. The chapter highlights the proactive and advocacy role that the V4 group has traditionally played in manifold subject-matters, including the promotion and protection of FDI, and supports the positive “soft power” the V4 may exercise in this respect.

The Role of the Arctic Council from an International Law Perspective: Past, Present and Future

2014 ◽  
Vol 6 (1) ◽  
pp. 349-374 ◽  
Author(s):  
Yoshinobu Takei
Keyword(s):  
International Law ◽  
Essential Role ◽  
The Arctic ◽  
Arctic Council ◽  
Treaty Negotiations ◽  
Recent Developments ◽  
Law Making

Established in 1996, the Arctic Council has played an essential role in promoting pan- Arctic cooperation on various issues concerning the Arctic. Increasingly, its activities have contributed to the development of international law relating to the Arctic in terms of law-making and implementation. Recent developments make it pertinent to investigate the possibilities and challenges faced by the Arctic Council in developing legally binding instruments and otherwise contributing to the development of international law relating to the Arctic. How has the Council been engaged in activities that contribute to the development of international law? What factors have affected these activities? This article describes the structure of the Arctic Council and its status under international law; analyzes important developments relating to this issue in the period before the 2009 Ministerial Meeting held in Tromsø, Norway; examines the processes in which two legally binding instruments were negotiated and eventually adopted as well as elements common to these agreements; and discusses Arctic Council processes relevant to the development of international law other than treaty negotiations under its auspices.

Legal technique of normative and contractual legislation

2021 ◽  
pp. 55-64
Author(s):  
Ilya Shutak
Keyword(s):  
Rule Of Law ◽  
Practical Importance ◽  
Theoretical Understanding ◽  
The Rule Of Law ◽  
Functional Methods ◽  
Functional Nature ◽  
Internal Inconsistency ◽  
Law Making ◽  
State Functions

Purpose. The purpose of the study is to reveal the features of the legal technique of normative-contractual law-making of modern Ukraine. Methodology. First of all, the principles and techniques of formal-logical methodology are used. Elements of the structural-functional approach have been widely used. Thus, the identification of intersectoral relations in the normative-contractual form of state functions is based on the functional nature of law in general and contractual and regulatory means in particular, which allowed to distinguish two types of intersectoral relations in contractual and regulatory activities. In addition, dialectical, system-structural and functional methods, the method of interpretation (applied to regulations) were used in the work. The scientific novelty lies in the theoretical understanding and delineation of the legal technique of normative-contract law-making, which is interpreted as an integral harmonious part of the law-making system in a state governed by the rule of law. It is shown how with the help of means and methods of legal technique there is an optimization of contractual work and minimization of risks of disputes caused by vagueness and internal inconsistency of contracts. Results. As a result of research the inexpediency of identification of the contract with the regulatory legal act and its inclusion in the system of the legislation is argued. The regulatory role of the contract likens it to a legal act. A normative agreement can be both a consequence of a law and a cause of a normative legal act. Practical importance. The results of the study can be used in law-making activities in order to improve the design of the regulatory agreement, improve its quality and efficiency.

SARS-CoV-2 Spread Dynamics in Italy: The Calabria Experience

2021 ◽  
Vol 16 ◽  
Author(s):  
Ludovico Abenavoli ◽  
Pietro Cinaglia ◽  
Anna Caterina Procopio ◽  
Raffaele Serra ◽  
Isabella Aquila ◽  
...  
Keyword(s):  
The South ◽  
Epidemic Curve ◽  
Italian Government ◽  
First Case ◽  
Other Information ◽  
Italian National Health Service ◽  
Spread Dynamics ◽  
Italian National Health ◽  
Negative Growth

Introduction: The first case of infection by SARS-CoV-2 (i.e., COVID-19) has been officially recorded by the Italian National Health Service on February 21st, 2020. Lombardy was the first Italian region to be affected by the pandemic. Subsequently, the entire Northern part of Italy recorded a high number of cases, while the South was hit following the migratory waves. On March 8th, the Italian Government has issued a decree that imposed a total lockdown defined as a state of isolation and restricted access in Lombardy and in the other 14 provinces of Northern Italy. Methods: We analyzed the virus trend in the period between February 24th and September 8th, 2020, focusing on Calabria, with regards to the following items: new positives, change of total positives and total cases. Furthermore, we included other information, such as the incubation period, symptom resolution period, quarantine period. Results: On March 27th, the epidemic curve spiked with 101 new positive cases validating the hypothesis that this abnormal event was related to the displacement of non-residents people, living in the Northern part of Italy, to the home regions in the South. The epidemic curve showed a decreasing trend in the period after lockdown proving the effectiveness of this measure. From the end of the lockdown (May 04th) to September 8th, the registered trend was -94.51%. A negative growth rate indicates that the number of new positive cases is lower than the number of healed patients. Conclusion: This study describes the effectiveness of the Italian Government policy, particularly the role of lockdown, for the containment of SARS-CoV-2 contagion in Calabria, a region with a low SARS-CoV-2 infection rate within the registered period.

Introduction

2020 ◽  
pp. 3-10
Author(s):  
Vito Tanzi
Keyword(s):  
Market Economy ◽  
Free Market ◽  
The Political ◽  
Individual Liberty ◽  
Political Market ◽  
The Difference ◽  
The Government ◽  
Role Of The Government ◽  
Normative Role

This more theoretical chapter focuses on the normative role of the government, in democratic countries with a market economy, and how that role has been tied to the prevalent view of the assumed relationship between individual citizens and their government. That view has been different in different countries. The chapter stresses the difference between choices made in and by the free market and those made through the political market. In the former, income distribution and individual liberty are important. In the political market, with one person one vote, the income of the voters should be less important. However, it often is important. Some societies place a lot of importance on individual liberty. Others give more weight to community goals. These attitudes influence government policies.

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.

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