Law in the Making

The Law-Making Process as a Juridical and Political Activity.- I The Law-Making Process.- II The Concept of Legal System.- III The Legislative Process and its Substitutes.- IV Relations between Forms of Government and Sources of Law Systems.- Constitutional Systems and Sources of Law.- 1 The Sources of Law and the Constitutional Context.- 2 The Hierarchy of the Sources of Law.- 3 The Conception of the Sources of Law and the International Legal Order.- 4 Unitary or Composite Structure of the State.- 5 Different Categories of Laws.- 6 Referendums and Other Forms of Participation of Citizens.- 7 Parliamentary Regimes and Presidential Regimes.- 8 Parliamentary Legislation and Governmental Action.- 9 Other Aspects of the Form of Government.- 10 The Delegation of Normative Powers.- 11 The Role of the Judiciary.- 12 Conclusions.- Constitutional Law between Statutory Law and Higher Law.- I Preliminary Notes: Object and Method of the Investigation.- II The General Character of the Constitutions.- III Constitutional Law and Statutory Law.- IV Relationship between Constitutional Law and Higher Law.- Statute and Statutory Instrument in the Evolution of European Constitutional Systems.- I Preliminary Notes.- II Statute and Statutory Instrument in the Constitutions and in Practice in Some European Legal Systems.- III Common Tendencies.- IV Towards the Definition of Three European Models..- Constitutional Jurisdiction as Law-Making.- I Subject and Scope.- II Techniques of Constitutional Jurisdiction.- III Methods of Judicial Law-Making and its Effects.- Collective Bargaining as Agreement and as Law: Neo-Contractualist and Neo-Corporative Tendencies of our Age.- I Introduction.- II The Legal Nature of Collective Agreements.- III State Guidance in Collective Bargaining.- IV Neo-Corporative Tendencies.- Central Law and Peripheral Law.- I Federalism, Regionalism and Peripheral Law as Matters for Constitutional Regulation: an Overview.- II Decentralization, Democracy and Form of State. The Influence of American Federalism and the European Tradition.- III Federalism v. Regionalism or Separation v. Coordination? Patterns of Political Decentralization and Law-Making Rules.- IV What Peripheral Law is and how it Works.- The Law-Making Process in the European Communities.- I Introduction.- II The Formation of Community Regulations.- III Regulations and Other Sources of the Community Legal System.- Problems of the Legislative Process in the Socialist Countries of Europe.- I Preliminary Remarks.- II Law and Legislation in the Socialist Countries..- III The Legislative Process in the Socialist Countries.- Some Specific Elements Concerning the Legislative Process of the S.F.R. of Yugoslavia.- 1 The Postwar Development of the Constitutional System of Yugoslavia.- 2 The Assembly of the S.F.R. of Yugoslavia.- 3 Legislative Process.- 4 Relations between Federal and Republican (Provincial) Agencies in the Legislative Process.- 5 Executive Activity.- 6 Process of Delegalization.- 7 Concluding Note.- Software for the Legislator.- 1 Introductory Notes.- 2 Legislative Pollution.- 3 "Gesetzgebung".- 4 Computer Aids.- 5 Legislative Information Retrieval Systems.- 6 Automatic Analysis of Legislation.- 7 A Model for Rational Reconstruction of a Positive Legal System.- 8 The Legislator's Language.- 9 Calculation of Combinations and Consequences.- 10 Expert Systems.- 11 A Shell for Basic Deontic Logic.- 12 Conclusions.- Annex I: How the Research was Carried out.- Annex II: Guidelines for the National Reporters.- I Preliminary Notes.- II The Legislative Process.- IIIStatutes and the Forms of State and of Government.- IV Statutes in the System of the Sources of the Law.- V The Structure of the National Reports.