European University Institute Library

Comparative law in legislative drafting, the increasing importance of dialogue amongst parliaments, Nicola Lupo and Lucia Scaffardi (eds.)

This volume examines whether contemporary parliaments use foreign and comparative law in the legislative process. The research reports covered in this book apply the same methodological approach, focusing on the information apparatus available to the legislators and on the rules and practices that regulate the drafting and approval of bills. Subsequently, it examines several examples of recent legislation in which foreign law has been taken into consideration: in an explicit or implicit way, in order to be accepted or refused, according to a mere instrumental aim or following a rigorous comparative methodology. Contributions are from experts in the field covering the following jurisdictions: the UK, USA, Canada, Australia, European Union, Israel, Italy, Spain, Romania, South Africa, Portugal, Brazil, Namibia and China. They give valuable insights into how legal transplantation and synthesis take place and whether it is a coherent and valuable practice.--, Provided by Publisher
Table Of Contents
Part I: European experiencesThe influence of comparative law on the Portuguese Parliament and the legislative process"Foreign influence" in the EU law-making. The sui generis case of European ParliamentThe EU-driven foreign influences on legislation in RomaniaThe use of comparative design in the Spanish parliamentary architecture and legislative decision-makingForeign influences on (the procedure and on the content of) the Italian legislative processThe use of comparative law in the legislative process at Westminster Part II: Extra-European experiencesLegal transplants in the Australian legal systemBrazilian legislator's vocation for using foreign lawThe influence of comparative law in South African lawForeign Flavours in the American Legislative Sausage?Shaping Law Through Inter-Parliamentary Cooperation: The Case Of CanadaForeign Influences on Legislative Process in NamibiaChanneling Foreign Law Models into Domestic Legislation. A First Inquiry on the law-making process of the Chinese Environmental Protection Law
Literary Form
non fiction
Physical Description
vii, 307 pages, illustrations, 25 cm.

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