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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Constitutional Value of Sunset Clauses: An Historical and Normative Analysis

ISBN13: 9781472486448
Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00

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In recent years, Sunset Clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law.

In addition, the constitutional value of such clauses is examined from certain neglected normative aspects of such clauses pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty, and constitutional dialogue.

The work is an amalgam of three perspectives: the historical, the positive, and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses.

Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy-makers.

Constitutional and Administrative Law, Statutory Interpretation and Legislative Drafting
Preface - Panorama of Sunset Clauses
List of Abbreviations
List of Figures
Table of Cases

Part I: Positive Analysis of Sunset Clauses

Chapter 1: Definition, Taxonomy and Origin of Sunset Clauses
A. The Meaning of Sunset Clauses and their Legal Effect
B. Typology of Sunset Clauses
C. Founding Era
D. Conclusions

Part II: Historical Overview of Sunset Clauses

Chapter 2: Sunset Clauses As An Expression of Legislative Power in the Medieval England
A. Early Use of Sunsets
B. Early Constitutional Value
C. The Use of Sunset Clauses in the Interna Corporis
D. Conclusions

Chapter 3: Sunset Clauses in a Period of Transition
A. The Period of Tension
B. Sunset Clauses in the Era of Balance of Powers
C. Conclusions

Chapter 4: Sunset Clauses in the Era of Parliamentary Sovereignty
A. Sunset Clause and Parliamentary Sovereignty
B. Emerging Elements of the Rule of Law and Sunset Clauses
C. Conclusions

Part III: Institutional effect of Sunset Clauses

Chapter 5: Sunset Clauses and Separation of Powers
A. Defining Separation of Powers
B. How the Use of Sunset Clauses Affects the Separation of Powers
C. How the Separation of Powers affects the Use of Sunset Clauses
D. Conclusions

Chapter 6: Parliamentary Sovereignty, Constitutional Dialogues and Sunset Clauses
1.Defining Parliamentary Sovereignty
B. Dialogue between the Parliament and Courts
C. Dialogue between Present and Future Parliaments
D. Conclusions

Part IV: Rule of Law and Sunset Clauses

Chapter 7: Rule of Law and Sunset Clauses 1.0: Formal Rule of Law
A. Formal Conceptions of the Rule of Law
B. The Rule of Law and the Temporary Nature of Laws
C. The Transaction Cost of Good Law Making with Temporary Legislation
D. Proper Authority to Renew the Sunsets
E. Conclusions

Chapter 8: Rule of Law and Sunset Clauses 2.0 : Substantive Rule of Law
A. Sunset Clauses and the Substance of the Law
B. Sunset Clauses in Times of Emergencies
C. Sunset Clauses in Times of Normality
D. Sunset Clauses and Constitutional Design
E. Conclusions

Chapter 9: Epilogue