National Uniform Legislation

ISBN-13: 9789811932946 / Angielski / Miękka / 2023

Guzyal Hill

Opis

This book aims to develop a conceptual framework upon which to draw for analysis of new and existing national reforms in Australia. Due to growth in the volume and complexity of national uniform legislation, law reform agencies, the Commonwealth, state and territory governments and policy institutions have more, rather than less, to do. This book explores how they are required to respond to debates among actors from divergent geographical, commercial and ideological backgrounds, who sometimes demonstrate irreconcilable differences in values and perspectives.

From a policy implication perspective, this book summarises a vast quantity of original and complex data so that it can be applied in the field—among policymakers, reformers, legislative drafters, students and the wider audience of legal practitioners working with harmonised legislation in federations. This book acknowledges that uniform legislation is not a panacea for all legal challenges currently faced by federations. However, this book takes a step towards demystifying the many confusing factors that have obscured the underlying general principles. A working theory of ‘federal harmonisation’ enables ‘the art of the impossible’ to become a practical reality. 

This book condenses data on legislation in models. The models enable transparent, evidence-based decisions in the process of a federation’s harmonisation to progress regulatory best practices and achieve more reliable, sustainable results.

Spis treści

Foreword 1

Foreword 2

Chapter 1. Introduction to National Uniform Legislation

Chapter 2. Definitions and Structures

Chapter 3. Historical Development of National Uniform Legislation

Chapter 4. Cooperative Federalism and Institutions

Chapter 5. Slow and Steady Uniform Legislation

Chapter 6. Fast and Furious Uniform Legislation

Chapter 7. Pragmatic National Reforms

Chapter 8. Ever-Failing Uniformity

Chapter 9. Judicial Interpretation of National Uniform Legislation

Chapter 10. Conclusion - Future National Reforms in the Age of Artificial Intelligence, Pandemics and New Federalism

Index

O autorze

Dr Guzyal Hill is a Senior Lecturer, Charles Darwin University, Australia. Guzyal brings a unique perspective as a researcher and legislative drafter. The impetus for this book stems from the experience of legislative drafting problems related to national uniform legislation. Guzyal researches and publishes in the areas of national uniform legislation, harmonisation in federation, federalism, law reform and ‘law as data methods’ in the context of legislation. Dr Hill is contributing to the ANZSOG/National Regulators Community of Practice as an Academic Adviser – ECR on the National Steering Committee.