株式会社極東書店トップ商品一覧Making and Changing Law in Small Jurisdictions.

商品詳細

Making and Changing Law in Small Jurisdictions.

Making and Changing Law in Small Jurisdictions.

・ISBN 978-3-031-46945-9 paper EUR 149.99

¥40,091.- (税込) (※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。

お気に入り
著者・編者Morris, Caroline (ed.),
シリーズ (The World of Small States)
出版社 (Springer International Publishing AG, SZ)
出版年月2025
ページ数200 pp.
言語ENG
ニュース番号<A04-53912>

解説

This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws?

Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction.

This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.