Constitutional Constraints on Ad Hoc Legislation: A Comparative Study of the United States, Germany and the Netherlands (IUS Commune Europaeum): 90 (IUS Commune: European and Comparative Law Series) - Softcover

Jasiak, Anna

Softcover

ISBN 10: 1780680171 ISBN 13: 9781780680170

Publisher: Intersentia Ltd, 2011

Synopsis

Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. Politically, legislatures may be forced to act in one specific case (for example as a respond to a public outcry), but in doing so they risk violating the principles of the rule of law. Such legislative practice might lead to abuse of legislative power, inequality of citizens before the law, legal uncertainty, and weakening of the position of the courts. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands. Those who will benefit from this book are constitutional law/legislation/human rights academics, constitutional law practitioners, judges from constitutional courts, legislative lawyers and legislators. This book provides innovative and profound insights from a comparative perspective and is a valuable addition to library collections.

About this title

About the Author

Anna Jasiak graduated from Tilburg University in 2005 (cum laude – the highest honour in the Netherlands). In June 2010 she obtained her doctorate for her research on ad hoc legislation from a constitutional perspective. Her PhD thesis was nominated for the best thesis award of the Dutch Association of Constitutional law. She was a visiting researcher at Georgetown University Law Center in Washington D.C. and at the Graduiertenkolleg “Verfassung jenseits des Staates” at Humboldt University in Berlin. In 2014 she was a seconded expert to the Venice Commission of the Council of Europe in Strasbourg. Currently she is working at the Dutch Council of States in the Hague, advising the government and the Parliament on legislation and doing constitutional law research.

From the Back Cover

Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. Politically, legislatures may be forced to act in one specific case (for example as a respond to a public outcry), but in doing so they risk violating the principles of the rule of law. Such legislative practice might lead to abuse of legislative power, inequality of citizens before the law, legal uncertainty, and weakening of the position of the courts. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands.

Those who will benefit from this book are constitutional law/legislation/human rights academics, constitutional law practitioners, judges from constitutional courts, legislative lawyers and legislators. This book provides innovative and profound insights from a comparative perspective and is a valuable addition to library collections.

Edition details

• Publisher: Intersentia Ltd
• Publication date: 2011
• Language: English
• ISBN 10: 1780680171
• ISBN 13: 9781780680170
• Binding: Paperback
• Edition number: 1
• Number of pages: 324