The Constitutional Value of Sunset Clauses


Book Description

Sunset clauses are a commonly used statutory provision related to the temporary duration of various laws. This book explores the constitutional value of such clauses. It examines the drafting of sunset clauses and the relevant amendment process, as well as the parameters that influence their incorporation into legislation. Arguments and conclusions are drawn from historical and current uses and it is discussed how and why legislators draft legislation with sunset clauses. Predominantly focused on their use in the UK, the approach is interdisciplinary and comparative insofar as it uses examples from a variety of legal orders.




The Constitutional Value of Sunset Clauses


Book Description

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.




Constitutional Sunsets and Experimental Legislation


Book Description

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.







Constitutionalizing World Politics


Book Description

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.




Human Rights and Constitution Making: Institutional and procedural guarantees of rights


Book Description

This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.




Unconstitutional Constitutional Amendments


Book Description

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.




The Right to Privacy


Book Description

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis




Annual Review of Constitution-Building: 2019


Book Description

International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics. This seventh edition covers events in 2019. Because this year marks the end of a decade, the first chapter summarizes a series of discussions International IDEA held with international experts and scholars throughout the year on the evolution of constitution-building over the past 10 years. The edition also includes chapters on challenges with sustaining constitutional pacts in Guinea and Zimbabwe; public participation in constitutional reform processes in The Gambia and Mongolia; constitutional change and subnational governance arrangements in Tobago and the Autonomous Region of Bangsamoro; the complexities of federal systems and negotiations on federal state structures in Myanmar and South Sudan; and the drawing (and redrawing) of the federal map in South Sudan and India. Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to, and the implications of these processes for democracy, the rule of law and peace.




Alaska's Constitution


Book Description