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World Affairs Online
In: Agathon series on Representation v.4
This book describes the history of the initiative process and the major issues that have arisen during its increasing use in recent years. By elucidating the problems that have arisen and their possible solutions, the authors seek both to inform the debate about the wisdom of the initiative and to offer suggestions for improvement to jurisdictions that choose to use the process. With the aid of more than 40 charts and tables, the authors compare the major features of the initiative in the American jurisdictions that have adopted the procedure-24 states and the District of Columbia. They draw p
In this Article, the author chronicles the rise and fall of the "perestroika parliament." While Gorbachev's reforms were ultimately unsuccessful in producing effective democratic representation, the author believes that the history of these reforms provides some valuable lessons for post-Soviet Russia. Specifically, Professor Foster concludes that current reformers in Russia should learn from the failed perestroika parliament that a democratic, "rule-of-law" state requires uniform lawmaking procedures with constitutional safeguards to guarantee their integrity.
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This paper aims to clarify how the legislative procedure works in the European Union (hereinafter, EU), both in the Treaties and in practice. We will study the rules governing the ordinary legislative procedure and the special consent and consultation procedures. Advantages and shortcomings of each of the procedures will also be addressed, including the main actors and the level of transparency and accountability. Within the ordinary legislative procedure, we will assess whether the informal trilogues should be reformed to be more accessible to the European citizen. Lastly, our paper will also address the use of passerelle clauses and citizen's and how they can affect the lawmaking procedure in the EU
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In: 21 University of Pennsylvania Journal of Constitutional Law 1 (2018)
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In: Journal of political institutions and political economy, Band 3, Heft 3–4, S. 449-479
ISSN: 2689-4815
Intro -- Contents -- List of Illustrations -- Preface -- Acknowledgments -- Chapter 1: Citizen Lawmaking -- Origin and Spread of the Initiative -- The Initiative -- Views of Advocates and Critics -- Advocates -- Critics -- The Initiative and Democratic Lawmaking -- Chapter 2: The Legal Foundation -- Restrictions on Use -- Judicial Interpretation -- Petition Requirements -- Conference with Sponsors -- Ballot Title and Summary -- Estimate of Cost -- Printing of Petitions -- Signature Requirements and Deadline -- Paid Petition Circulators -- Withdrawal of Signatures -- Petition Verification -- Voter Information Pamphlets -- A General or a Special Election? -- Approval Requirements -- Amendment and Repeal -- Summary -- Chapter 3: The Initiative in Court -- Legal Issues -- Scope of the Initiative Power -- Resident Petitioner Circulators -- Solicitation of Signatues on Postal Property -- Petition and Handbill Circulators -- Signature Solicitation on Private Property -- Privacy of Petition Signers -- Petition Signatures Requirements -- Petition Fraud -- Single Subject Requirement -- Number of Ballot Questions -- Ballot Language -- Congressional Preemption -- State Preemption -- Limited Constitutional Convention -- Excluded Subjects -- Legislative Reapportionment -- Legislative Organization and Rules -- Balanced Federal Budget -- Initiative Campaign Finance -- Financial Disclosure -- Required Approval Majority -- Equal Protection Rights -- Radioactive Wastes -- Summary -- Chapter 4: Initiative Campaigns -- State Initiative Propositions -- Early Use -- More Recent Use -- Environmental Protection -- Legislative Procedures -- Term Limits -- Tax Limits -- Cigarette Excise Tax -- Homosexual Rights and Same-Sex Marriage -- Undocumented Immigrants -- Assisted Suicide -- Medical Use of Marijuana -- Affirmative Action -- Bilingual Education -- Minorities.
""Lawmaking and Adjudication in Archaic Greece"" re-evaluates central aspects of the genesis and application of laws in the communities of archaic Greece, including the structure and function of legislative bodies, the composition of the courts, the administration of justice and the use and abuse of legal norms and procedures by litigants in the courts and everyday settings. Combining a detailed analysis of epigraphical and literary evidence and the application of a model of interpretation borrowed from cultural analyses of law, this book argues that far from being monolithic creations of arch
In: 122 Yale L.J. 1560 (2013)
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In: International Judicial Lawmaking; Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, S. 329-363
Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.
World Affairs Online
Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.
In: International political science review: the journal of the International Political Science Association (IPSA) = Revue internationale de science politique, Band 43, Heft 4, S. 564-579
ISSN: 1460-373X
The article explores factors affecting the duration of the co-decision procedure (currently the ordinary legislative procedure), the main procedure for adopting legislation in the European Union. Drawing from rational choice institutionalism, it expects the speed of co-decision to be determined by three attributes: the impatience of legislators, issue linkage and the characteristics of Council and European Parliament negotiators ( relais actors). The hypotheses are tested using survival analysis on a dataset of 599 controversial legislative acts submitted and enacted under co-decision between 1999 and 2009. The results show that co-decision proposals are decided faster when they are urgent, negotiated prior to the European Parliament elections and concluded through single proposal logrolls. By contrast, multi-proposal packages and the ideological distance between relais actors prolong decision-making. Overall, the article contributes to the literature by showing that the impatience of legislators, package deals and the properties of negotiators are relevant drivers of co-decision duration.
In: University of Pennsylvania Law Review, Band 165, Heft 7
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