State Legislative Process

This chapter explores the history and operation of state legislatures. The urban-rural divide characterizes stark political and social differences that fuel legislative behavior. The content of public policies across the United States is influenced by these divisions and contributes to either the support of or opposition to social change. State legislators are on the front lines of these geographic ideological divides. These variations by region contribute to the increase in single-party control and have generated pronounced policy differences.

COUNTERACTING PAY DISCRIMINATION – A FEW REMARKS ON THE PROPOSED AMENDMENT TO ART. 943 § 2 OF THE LABOUR CODE AND ON THE PROPOSED DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL TO STRENGTHEN THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR EQUAL WORK OR WORK OF EQUAL VALUE BETWEEN MEN AND WOMEN THROUGH PAY TRANSPARENCY AND ENFORCEMENT MECHANISMS

In July 2020, a Parliamentary draft bill was brought before the Polish Sejm amending the Act – Civil Code (print no. 463). Currently, the legislative process concerning that draft is underway. The draft proposes to expand the definition of mobbing – as specified in Art. 943 § 2 of the Labour Code – by adding a provision under which mobbing would also consist in persistent and long-term differentiating the level of pay on grounds of an employee’s sex. The intention of the authors is to strengthen the legal instruments guaranteeing respect for the principle of equal rights for women with regard to pay for equal work or work of equal value. At the same time, in March 2021 – at the EU level – a legislative procedure was initiated in respect of the Directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. This article discusses the legal solutions expressed in the draft amendment to Art. 943 § 2 of the Labour Code and in the proposed Equal Pay Directive. The article is an attempt to answer the question if the introduction of the proposed regimes will eliminate or at least reduce pay discrimination on grounds of sex.

Let’s Try Real Democracy

This chapter lays out a general theoretical case for democracy, specifically the kind of democracy that democratic theorists call “deliberative democracy,” which traces the legitimacy of laws and policies to the reasoned exchange of arguments among free and equal citizens. The chapter shows the benefits of distributing political decision-power in an inclusive and egalitarian manner, especially in the deliberative phase of the legislative process. The core idea is that many minds deliberating together are better than few when it comes to dealing with the uncertainty and complexity of the world and figuring out solutions that work for all within it.

The Legal Frameworks of Protecting Archaeology in Africa

Archaeological heritage is fragile and nonrenewable. In Africa, it is vulnerable to developmental projects in construction, mining, and agriculture as well as intentional and unintentional vandalism through everyday use and tourism. Looting, illegal trade of antiquities, and terrorism have also emerged as other significant threats to archaeological heritage in Africa. Looting and vandalism of sites and objects result from lax monitoring mechanisms and a general lack of awareness of archaeological matters among the public. Although most African countries have the legal protection of archaeological heritage, the effectiveness of these has been under question. African heritage legislations have been criticized for the lack of predevelopment assessments that would ensure the protection of recorded and unrecorded archaeological heritage. They have also been censured for protecting just the physical aspects of archaeological heritage, leaving out the intangible aspects that actually give the heritage value, especially among African communities. Another challenge was the exclusion of local communities and customary management systems in the protection of archaeological heritage. Provisions for counteracting looting and illegal trade in antiquities, coming especially from archaeological sites, were also considered weak and requiring improvements. The response to the debate on the effectiveness of the legal protection of heritage has been varied across the continent. Some African countries have responded by writing new laws, amending old ones, or providing other supporting legal provisions such as national cultural policies or regulations. Countries that have instituted new legal provisions include Namibia, Botswana, Kenya, Mali, Egypt, Mauritania, and the Republic of the Congo. Those who reworked their protective mechanisms have attempted to address many of the issues raised. Countries such as Namibia, Botswana, and Mali have included clearly defined provisions for predevelopment assessments. Others such as Liberia included archaeological heritage in their environmental protection laws. Although fewer countries have had legislation to protect intangible aspects, supporting legal provisions such as national cultural policies have helped in this regard. However, very little has been done on the inclusion of customary laws and systems of archaeological protection. Going forward, African nations have to quickly consider emerging issues such as digital manipulation, heritage-based product development, increased need for intervention conservation, and sustainable economic utilization of heritage for the development of individuals, communities, and nations. The legislative process in Africa has to be expedited to quickly and efficiently deal with these issues before they cause harm to the archaeological heritage.

Uprawa konopi innych niż włókniste na potrzeby przemysłu farmaceutycznego na tle regulacji polskich oraz zagranicznych

The subject of this article is an overview of legal regulations in the cultivation and processing of cannabis other than industrial cannabis (hemp) in selected countries and a comparison of them with the law currently in force in Poland. The article is an attempt to initiate a discussion on the legitimacy of conducting the legislative process, with due caution and all necessary safety measures, as a result of which legal solutions allowing legal cultivation of cannabis for the pharmaceutical industry in Poland could be created

Russian “Party of Power” vs Dominant Party

The article presents a factual analysis of the origin and formation of the “party of power” in Russia. The work demonstrates that at all stages the Russian “party of power” was designed and controlled by the Administration of the President of the Russian Federation. The research carried out by the author shows that Russia’s “party of power” does not meet the criteria that would allow to qualify this political party as dominant, in any of its “incarnations”. This fully applies to the United Russia party that does not exert a significant impact on the appointments to the political and administrative positions and does not have any effect on the decisions that determine the state’s policy. The dominance of the United Russia party in the electoral field is ensured primarily by the electoral corruption, as well as by the fact that its “electoral machine” is represented by the system of public authorities at all levels, from federal to local. In turn, the dominance of this party in the State Duma and the rigid and strictly hierarchical administrative structure that it built in the lower chamber of the Russian Parliament allows the Presidential Administration to control the legislative process and parliamentary activity in general. According to the author’s conclusion, the “party of power” is an externally controlled political organization of a party type that protects the interests of Russia’s ruling nomenklatura and implements its goals in the processes of the formation of public authorities through electoral procedures, as well as in the course of the legislative and parliamentary activity. Not only does such an organization fail to meet the criteria of the dominant party, but it also fails to fully correspond to the concept of a political party per se.

The Office of Parliamentary Legal Advisers (opla) in the Houses of the Oireachtas – History, Functions and Recent Key Parliamentary Legal Issues

The Office of Parliamentary Legal Advisers (opla) is the in-house legal team in the Irish national parliament. It provides specialist, non-partisan legal advice to Parliament on a broad range of parliamentary, constitutional and corporate legal issues. In recent years, the opla has been assigned additional functions within the legislative process, now providing legal policy analysis and legislative drafting services to non-Government Members in respect of private legislative proposals and advising Members in respect of Government Bills. This article will provide a history of the opla, will outline some recent key parliamentary legal issues and will elaborate on the recent development of legislative drafting and advisory services within the Office.

Legislative Politics

This chapter discusses the general characteristics of the South Korean National Assembly frequently observed since democratization in 1987. Among other things, the chapter primarily focuses on the two major actors in the South Korean parliamentary arena, standing committees and legislative parties. It starts by describing the evolution of the National Assembly, maintaining that the South Korean legislative process has been heavily dominated by the president and the executive branch in one way or another. This observation was never truer than during the authoritarian eras, but has also been the case since the start of the Sixth Republic. With respect to the major actors, political parties in the National Assembly can be said to play a predominant role, while the standing committees have atrophied despite their nominal centrality and positional importance. All the explanations in this chapter suggest that the so-called inter-party consultative system more often than not gives way to majoritarianism in the actual legislative process when the two modes collide.

Māori Purposes Acts: Just "washing-up" or more than meets the eye?

<p>Māori Purposes Bills were commonly described in Parliament’s debating chamber as “washing-up” bills, which suggested they were considered to be of little importance. This research challenges that perspective. The research explores Māori Purposes Acts as a body of law, beginning in 1931. It considers the content of the legislation, the legislative process and the role of Māori Purposes Acts within the legislative framework. The research examines policy provisions and amendments, the petitions process facilitated by the legislation, special governance arrangements, and remedial provisions including settlements with the Crown. The research incorporates quantitative analysis, but due to the variability of the provisions contained in the legislation, a predominantly qualitative approach is used to consider the nature of the Acts. The research operates within an orthodox legal paradigm and Karl Llewellyn’s “law-jobs” theory is used as an analytical framework to identify common themes, draw out the purposes of the legislation and understand its role in New Zealand’s legal system. Critical race and post-colonial theoretical perspectives are acknowledged but are not central to the research. The research also considers whether Māori Purposes Acts delivered justice for Māori prior to the modern Treaty of Waitangi settlements process. The research concludes the washing-up characterisation was often inaccurate. The research found Māori Purposes Acts were used as a mechanism to provide Māori with relief from and remedies for particular problems, which were often raised by petition to Parliament, and remedies gave effect to recommendations of the Māori Affairs Committee and Royal Commissions. Some remedies were expressed as settlements of Māori grievances against the Crown, which preceded modern Treaty of Waitangi settlements. The legislation was used to maintain the legislative framework governing Māori land ownership and Māori communities, to introduce new policies and fill policy gaps, and to create special exceptions to the legislative framework including special governance provisions. The research provides evidence of the poor fit between the restrictive legislative framework governing Māori lives and Māori needs, and it demonstrates the inability of New Zealand’s legal system to deliver justice for Māori. Although many provisions attempted to ameliorate inequities, correct mistakes and resolve disputes, provisions often fell short of meeting the criteria for justice and are best described as taking important steps towards justice.</p>

Māori Purposes Acts: Just "washing-up" or more than meets the eye?

<p>Māori Purposes Bills were commonly described in Parliament’s debating chamber as “washing-up” bills, which suggested they were considered to be of little importance. This research challenges that perspective. The research explores Māori Purposes Acts as a body of law, beginning in 1931. It considers the content of the legislation, the legislative process and the role of Māori Purposes Acts within the legislative framework. The research examines policy provisions and amendments, the petitions process facilitated by the legislation, special governance arrangements, and remedial provisions including settlements with the Crown. The research incorporates quantitative analysis, but due to the variability of the provisions contained in the legislation, a predominantly qualitative approach is used to consider the nature of the Acts. The research operates within an orthodox legal paradigm and Karl Llewellyn’s “law-jobs” theory is used as an analytical framework to identify common themes, draw out the purposes of the legislation and understand its role in New Zealand’s legal system. Critical race and post-colonial theoretical perspectives are acknowledged but are not central to the research. The research also considers whether Māori Purposes Acts delivered justice for Māori prior to the modern Treaty of Waitangi settlements process. The research concludes the washing-up characterisation was often inaccurate. The research found Māori Purposes Acts were used as a mechanism to provide Māori with relief from and remedies for particular problems, which were often raised by petition to Parliament, and remedies gave effect to recommendations of the Māori Affairs Committee and Royal Commissions. Some remedies were expressed as settlements of Māori grievances against the Crown, which preceded modern Treaty of Waitangi settlements. The legislation was used to maintain the legislative framework governing Māori land ownership and Māori communities, to introduce new policies and fill policy gaps, and to create special exceptions to the legislative framework including special governance provisions. The research provides evidence of the poor fit between the restrictive legislative framework governing Māori lives and Māori needs, and it demonstrates the inability of New Zealand’s legal system to deliver justice for Māori. Although many provisions attempted to ameliorate inequities, correct mistakes and resolve disputes, provisions often fell short of meeting the criteria for justice and are best described as taking important steps towards justice.</p>