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Books > Law > Jurisprudence & general issues > Comparative law
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Constitutional Sunsets and Experimental Legislation - A Comparative Perspective (Hardcover)
Loot Price: R3,496
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Constitutional Sunsets and Experimental Legislation - A Comparative Perspective (Hardcover)
Series: Elgar Monographs in Constitutional and Administrative Law
Expected to ship within 10 - 15 working days
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This rigorous and comprehensive study sheds light on an
underappreciated tool of legal regulation. Using a comparative
perspective that seamlessly integrates jurisprudential and policy
analysis, Ranchordas has made a major contribution to our
understanding of the interaction of law and time.' - Tom Ginsburg,
University of Chicago Law School, US'At what point does a
legislature's delegation of 'experimental' regulatory power to the
executive constitute an abdication of the legislature's essential
role in a representative democracy? At what point does it violate
such crucial principles as legal certainty, equal treatment, or
proportionality? What are the implications for this kind of
experimentalist governance 'beyond law'? These are just some of the
questions that this important book seeks to answer. Using the
German, Dutch and US experiences as her point of entry, Sofia
Ranchordas has produced a deeply researched comparative study full
of illuminating examples and rich insights into the phenomenon of
sunset clauses and experimental legislation and regulation.
Ranchordas's book will be a great resource to legal scholars,
social scientists and historians who seek to understand the
changing nature of the legislative function, as well as the crucial
normative issues it raises.' - Peter L. Lindseth, University of
Connecticut, School of Law, US 'This book provides a comprehensive
look at sunset clauses and experimental legislation. Thorough and
well-researched, the book makes a valuable contribution to the
study of these important and controversial, yet understudied,
legislative instruments. The book should be of great interest to
scholars, students and practitioners in the fields of legislation,
regulation, public law and public policy.' - Ittai Bar-Siman-Tov,
Bar-Ilan University Faculty of Law, Israel This innovative book
explores the nature and function of 'sunset clauses' and
experimental legislation, or temporary legislation that expires
after a determined period of time, allowing legislators to test out
new rules and regulations within a set time frame and on a
small-scale basis. Sofia Ranchordas presents a thorough analysis of
sunset clauses and experimental legislation from a comparative
perspective, and offers a clear legal framework for their
implementation. The author begins with a comprehensive history of
sunset clauses and experimental legislation, along with a clear
explanation of their characteristics and potential uses. She then
analyzes the relationship between these legislative instruments and
a number of fundamental legal principles, including legal
certainty, equal treatment, proportionality and separation of
powers. This thorough exploration of sunset clauses and
experimental regulations places them within a broader legal context
and makes a compelling case for their increased use. Scholars and
students of comparative law, regulation and public policy will all
find this book a fascinating and useful resource.
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