
Comparative Law in Legislative Drafting
The Increasing Importance of Dialogue Amongst Parliaments
Eleven International Publishing
1st Edition
Published on 14. July 2014
Book
Hardback
288 pages
978-94-6236-118-8 (ISBN)
Description
This volume examines whether contemporary parliaments use foreign and comparative law in the legislative process. The research reports covered in this book apply the same methodological approach, focusing on the information apparatus available to the legislators and on the rules and practices that regulate the drafting and approval of bills. Subsequently, it examines several examples of recent legislation in which foreign law has been taken into consideration: in an explicit or implicit way, in order to be accepted or refused, according to a mere instrumental aim or following a rigorous comparative methodology.Contributions are from experts in the field covering the following jurisdictions: the UK, USA, Canada, Australia, European Union, Israel, Italy, Spain, Romania, South Africa, Portugal, Brazil, Namibia and China. They give valuable insights into how legal transplantation and synthesis take place and whether it is a coherent and valuable practice.
More details
Language
English
Place of publication
Utrecht
Netherlands
Target group
Professional and scholarly
Dimensions
Height: 240 mm
Width: 165 mm
ISBN-13
978-94-6236-118-8 (9789462361188)
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Schweitzer Classification
Persons
Content
Introduction; Legislation as transplantation; Part I: European experiences; The influence of comparative law on the Portuguese Parliament and the legislative process; "Foreign influence" in the EU law-making. The sui generis case of Europea