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Making and Changing Law in Small Jurisdictions

Making and Changing Law in Small Jurisdictions

Author: Caroline Morris
Publisher: Springer International
ISBN: 9783031469428
Published In: March 2024
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,595.87

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Contents

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This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws?

Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction.

This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.

Navigating Law-making and Law Reform in Small Jurisdictions

Part I. Case studies in law-making in small jurisdictions

A small state, a worldwide jurisdiction: Vatican City State and its legal system

Small states and constitutional reform: democracy in Malta

Drafting for effectiveness: Tuvalu's Climate Change Resilience Act 2019

Part II. International influences and their impact on small jurisdictions

Mapping the UK's constitutional relationship with Britain's Overseas Territories in the human rights sphere

The Long Road to a Beneficial Ownership Regime in the Cayman Islands

Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: a study of Jamaica

Part III. Global perspectives on law-making and law reform in small jurisdictions

The Challenges and Rewards of Law Drafting in Small States