Comparative Multidisciplinary Perspectives on Omnibus Legislation

ISBN-13: 9783030727475 / Angielski / Twarda / 2021 / 333 str.

Ittai Bar-Siman-Tov

Recenzje

"One of the main merits of the volume is that it not only describes and discusses omnibus legislation, but also provides useful and valuable observations and suggestions for its regulation. ... Bar-Siman-Tov's seems to have achieved his goal of provide valuable insights for practitioners in addition to contributing to scientific debates on this topic. The drafters and enactors of legislation, such as politicians, parliamentarians, legislative drafters, and parliamentary officials are strongly advised to peruse this book ... . Bar-Siman-Tov's book provides an excellent basis, as well as useful suggestions ... ." (Noémi Sebök, International Journal of Parliamentary Studies, November 8, 2021)
"Policymakers, public sector lawyers, and legislative drafters will welcome this book if for no other reason than enabling them to confirm to themselves, and to explain to others, that they are not alone in facing and resisting increasing political pressures towards the use of omnibus legislation. ... this book will remain a helpful starting point for those wishing to marshal experience and arguments. The authors and editor have therefore done us a great service." (Daniel Greenberg CB, Statute Law Review, Vol. 42 (3), October, 2021)

Spis treści

Introduction: Comparative Multidisciplinary Perspectives on Omnibus Legislation.- Part I. Common Law Jurisdictions.- Omnibus Legislating in Congress in the 21st Century.- Due Process in Unorthodox Lawmaking: Statutory Interpretation in the Age of Legislative Complexity.- The Single-Subject Rule in the American States.- However questionable, omnibus legislation is here to stay.- Part II. Civil Law Jurisdictions.- Omnibus legislation in Spain: political expediency, doctrinal condemnation, and judicial indulgence.- The practice of omnibus laws in Belgium: an empirical test.- When rationalization of bureaucracy de-rationalizes legislatures: ‘Monster bills’ in France.- Omnibus legislation and maxi-amendments in Italy: How to circumvent the constitutional provision requiring to approve the bills 'article by article'.- Omnibus Legislation in Germany - A Widespread and yet Understudied Lawmaking Practice.- Part III. Mixed Sytem Jurisdictions.- Omnibus Legislation in Israel: The Interaction of Law, Politics, Economics and Judicial Review.- Centralization via Delegation: Analysis of the Israeli Arrangement Law.- The Economic Arrangements Law - Can The Knesset Learn From Other Countries That Contend With Omnibudget Laws?.- Part IV. Living Without Omnibus Legislation.- (Absence of) Omnibus Legislation in Sweden: when legislative drafting affects the political discourse
Mauro Zamboni.

O autorze

Ittai Bar-Siman-Tov is an Associate Professor at Bar Ilan University Faculty of Law, where he also serves as co-director of the dual degree program in law and political science, and Head of BIU Innovation Lab for Law, Data-Science and Digital Ethics. He is also General Editor of the international journal The Theory and Practice of Legislation, and founding Co-Chair of the Israeli Association of Legislation. His scholarship has been published in leading journals (such as Georgetown Law Journal, Boston University Law Review, Regulation and Governance, and American Journal of Comparative Law) and received multiple awards and research grants.

Blurb

This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation.

A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline.

Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.