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Time, Law, and Change: An Interdisciplinary Study

Time, Law, and Change: An Interdisciplinary Study

Author: Sofia Ranchordas; Yaniv Roznai
Publisher: Hart Publishing
ISBN: 9781509930937
Published In: April 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,300.00

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Description
Contents

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Offering a unique perspective of an overlooked subject, the relationship between time, change, and lawmaking, this edited collection brings together world-leading experts to consider how time considerations and social, political, and technological change affect the legislative process, the interpretation of laws, and the definition of the powers of the executive and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and lawmaking. The first part offers both legal,theoretical, and historical perspectives on the influence of time and change on legal interpretation, legislative quality, and constitutional resilience.

The second part offers the reader an analysis of the phenomenon of inter-temporality in the constitutional process as well as a theoretical and empirical reflection upon the meaning of the principle of legal certainty and legitimate expectations.

The third part of the book analyses how specific times shape the law. By 'specific times' the editors wish to refer to situations that put the rule of law or citizens' protection at stake in different ways. The fourth part addresses the complex relationship between technological change and lawmaking.

Introduction

Sofia Ranchordás and Yaniv Roznai

PART I. HISTORICAL, COMPARATIVE AND THEORETICAL PERSPECTIVES ON LAW AND TIME

1. Interpretation and the Legal Fabrication of Time

Lior Barshack

2. Time and the Law: The US Constitutional Experience

Steven G. Calabresi

3. Time and Change in Constitutional Amendment

Richard Albert

4. Night Laws: How Nightfall Shapes Regulation

Guy I Seidman

PART II. COURTS AND TIME

5. Law and Time in Two Dimensions: Legitimate Expectations in the Case Law of the Court of Justice of the European Union

Patricia Popelier

6. The Timing of Judicial Review of Constitutional Amendments – Towards a 'Time Sensitivity Test' Following the Moldovan Constitutional Court's Decision on the Modality of Electing the President

Zoltán Pozsár-Szentmiklósy and Yaniv Roznai

7. The Effect of Specialised Courts over Time

Yifat Aran and Moran Ofir

PART III. LEGISLATORS AND TIME

8. Temporary Legislation as a Mechanism for Reaching Consensus. A Critical Analysis in the Absence of Ex Post Evaluation

Enrico Albanesi

9. Sunset Clauses: A Contribution to Legislative Quality

Helen Xanthaki

10. The Legisprudential and Political Functions of Temporary Legislation

Ittai Bar-Siman-Tov and Gaya Harari-Heit

11. Speeding Up the Legislative Process: To What End and at What Cost?

Wim Voermans