Administrative / Constitutional Law

Comparative Multidisciplinary Perspectives on Omnibus Legislation

By Ittai Bar-Siman-Tov
Springer-Verlag May 2021

Specifications

ISBN-13
9783030727475
Publisher
Springer-Verlag
Publication
May 2021
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Details

This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation.

A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they've had no opportunity to read it in detail and know what they're voting upon. The majority party's legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline.

Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

Table of Contents

An Introduction to the Comparative and Multidisciplinary Study of Omnibus Legislation
Ittai Bar-Siman-Tov
Perspectives on Omnibus Legislation
Omnibus Legislating in the U.S. Congress
Glen S. Krutz
Omnibus Legislation and Maxi-Amendments in Italy: How to Circumvent the Constitutional Provision Requiring Approval of Bills ‘Article by Article’
Nicola Lupo, Giovanni Piccirilli
Centralization via Delegation: The Long-Term Implications of the Israeli Arrangements Laws
Nir Kosti
When Rationalisation of Bureaucracy De-rationalizes Laws and Legislatures: ‘Monster Bills’ in France
Olivier Rozenberg
Omnibus Legislation in Germany: A Widespread Yet Understudied Lawmaking Practice
Klaus Meßerschmidt
Israel’s Economic Arrangements Law and Similar Omnibudget Laws in Other Countries
Susan Hattis Rolef
Regulating the Use of Omnibus Legislation
The Single-Subject Rule: Uncertain Solution for Omnibus Legislation
Richard Briffault
Unorthodox Lawmaking and Legislative Complexity in American Statutory Interpretation
Abbe R. Gluck
Omnibus Legislation in Spain: Between Political Expediency, Doctrinal Condemnation, and Judicial Indulgence
A. Daniel Oliver-Lalana
Canada: If Controversial, Omnibus Legislation Is Here to Stay
Louis Massicotte
The Practice of Omnibus Laws in Belgium: An Empirical Test
Patricia Popelier
(Absence of) Omnibus Legislation in Sweden: When Legislative Drafting Affects the Political Discourse
Mauro Zamboni
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