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Law in the Making A Comparative Survey

The present volume presents a part of the results of a research project launched by the European Science Foundation (ESF) in 1977. Tribute should be paid to the late Professor Aleck Chloros, Judge in the Court of the European Community, whose belief in the European ideal and enthusiasm for European...

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Bibliographic Details
Other Authors: Pizzorusso, Alessandro (Editor)
Format: eBook
Language:English
Published: Berlin, Heidelberg Springer Berlin Heidelberg 1988, 1988
Edition:1st ed. 1988
Subjects:
Law
Public International Law
Law—philosophy
Fundamentals Of Law
Online Access:
Collection: Springer Book Archives -2004 - Collection details see MPG.ReNa
Table of Contents:
  • I Federalism, Regionalism and Peripheral Law as Matters for Constitutional Regulation: an Overview
  • II Decentralization, Democracy and Form of State. The Influence of American Federalism and the European Tradition
  • III Federalism v. Regionalism or Separation v. Coordination? Patterns of Political Decentralization and Law-Making Rules
  • IV What Peripheral Law is and how it Works
  • The Law-Making Process in the European Communities
  • I Introduction
  • II The Formation of Community Regulations
  • III Regulations and Other Sources of the Community Legal System
  • Problems of the Legislative Process in the Socialist Countries of Europe
  • I Preliminary Remarks
  • II Law and Legislation in the Socialist Countries…
  • III The Legislative Process in the Socialist Countries
  • Some Specific Elements Concerning the Legislative Process of the S.F.R. of Yugoslavia
  • 1 The Postwar Development of the Constitutional System of Yugoslavia
  • 2 The Assembly of the S.F.R. of Yugoslavia
  • The Law-Making Process as a Juridical and Political Activity
  • I The Law-Making Process
  • II The Concept of Legal System
  • III The Legislative Process and its Substitutes
  • IV Relations between Forms of Government and Sources of Law Systems
  • Constitutional Systems and Sources of Law
  • 1 The Sources of Law and the Constitutional Context
  • 2 The Hierarchy of the Sources of Law
  • 3 The Conception of the Sources of Law and the International Legal Order
  • 4 Unitary or Composite Structure of the State
  • 5 Different Categories of Laws
  • 6 Referendums and Other Forms of Participation of Citizens
  • 7 Parliamentary Regimes and Presidential Regimes
  • 8 Parliamentary Legislation and Governmental Action
  • 9 Other Aspects of the Form of Government
  • 10 The Delegation of Normative Powers
  • 11 The Role of the Judiciary
  • 12 Conclusions
  • Constitutional Law between Statutory Law and Higher Law
  • I Preliminary Notes: Object and Method of the Investigation
  • II The General Character of the Constitutions
  • III Constitutional Law and Statutory Law
  • IV Relationship between Constitutional Law and Higher Law
  • Statute and Statutory Instrument in the Evolution of European Constitutional Systems
  • I Preliminary Notes
  • II Statute and Statutory Instrument in the Constitutions and in Practice in Some European Legal Systems
  • III Common Tendencies
  • IV Towards the Definition of Three European Models.
  • Constitutional Jurisdiction as Law-Making
  • I Subject and Scope
  • II Techniques of Constitutional Jurisdiction
  • III Methods of Judicial Law-Making and its Effects
  • Collective Bargaining as Agreement and as Law: Neo-Contractualist and Neo-Corporative Tendencies of our Age
  • I Introduction
  • II The Legal Nature of Collective Agreements
  • III State Guidance in Collective Bargaining
  • IV Neo-Corporative Tendencies
  • Central Law and Peripheral Law
  • 3 Legislative Process
  • 4 Relations between Federal and Republican (Provincial) Agencies in the Legislative Process
  • 5 Executive Activity
  • 6 Process of Delegalization
  • 7 Concluding Note
  • Software for the Legislator
  • 1 Introductory Notes
  • 2 Legislative Pollution
  • 3 “Gesetzgebung”
  • 4 Computer Aids
  • 5 Legislative Information Retrieval Systems
  • 6 Automatic Analysis of Legislation
  • 7 A Model for Rational Reconstruction of a Positive Legal System
  • 8 The Legislator’s Language
  • 9 Calculation of Combinations and Consequences
  • 10 Expert Systems
  • 11 A Shell for Basic Deontic Logic
  • 12 Conclusions
  • Annex I: How the Research was Carried out
  • Annex II: Guidelines for the National Reporters
  • I Preliminary Notes
  • II The Legislative Process
  • III Statutes and the Forms of State and of Government
  • IV Statutes in the System of the Sources of the Law
  • V The Structure of the National Reports

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