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The Constitutional Value of Sunset Clauses - An historical and normative analysis (Paperback)
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The Constitutional Value of Sunset Clauses - An historical and normative analysis (Paperback)
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In recent years, sunset clauses have mostly been associated with
emergency legislation introduced in the wake of terrorist attacks.
However, as this book demonstrates, they have a long history and a
substantial constitutional impact on the separation of powers and
the rule of law. In addition, the constitutional value of such
clauses is examined from certain neglected normative aspects
pertaining to concepts such as deliberative and consensus
democracy, parliamentary sovereignty and constitutional dialogue.
The work is an amalgam of three perspectives: the historical, the
positive and the normative. All three are intertwined and each
subsequent part builds upon the findings of the previous one. The
historical perspective investigates the historical development of
sunset clauses since the first Parliaments in England. The positive
perspective examines the legal effect and the contemporary utility
of sunset clauses. Finally, the normative perspective analyses
their interaction with several models of separation of powers, and
their influence on the dialogue between various institutions as it
values their impact on the rule of law, formal and substantive. The
detailed examination of this topical subject will be a valuable
resource for academics, researchers and policy makers.
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