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Time, Law, and Change: An Interdisciplinary Study (eBook)

Edited by: Sofia Ranchordas, Yaniv Roznai

ISBN13: 9781509930944
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £72.00
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Offering a unique perspective of an overlooked subject, the relationship between time, change, and lawmaking, this edited collection brings together world-leading experts to consider how time considerations and social, political, and technological change affect the legislative process, the interpretation of laws, and the definition of the powers of the executive and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and lawmaking. The first part offers both legal,theoretical, and historical perspectives on the influence of time and change on legal interpretation, legislative quality, and constitutional resilience.

The second part offers the reader an analysis of the phenomenon of inter-temporality in the constitutional process as well as a theoretical and empirical reflection upon the meaning of the principle of legal certainty and legitimate expectations.

The third part of the book analyses how specific times shape the law. By 'specific times' the editors wish to refer to situations that put the rule of law or citizens' protection at stake in different ways. The fourth part addresses the complex relationship between technological change and lawmaking.

Subjects:
eBooks, Law and Society
Contents:
Introduction
Sofia Ranchordás and Yaniv Roznai
PART I. HISTORICAL, COMPARATIVE AND THEORETICAL PERSPECTIVES ON LAW AND TIME
1. Interpretation and the Legal Fabrication of Time
Lior Barshack
2. Time and the Law: The US Constitutional Experience
Steven G. Calabresi
3. Time and Change in Constitutional Amendment
Richard Albert
4. Night Laws: How Nightfall Shapes Regulation
Guy I Seidman
PART II. COURTS AND TIME
5. Law and Time in Two Dimensions: Legitimate Expectations in the Case Law of the Court of Justice of the European Union
Patricia Popelier
6. The Timing of Judicial Review of Constitutional Amendments – Towards a 'Time Sensitivity Test' Following the Moldovan Constitutional Court's Decision on the Modality of Electing the President
Zoltán Pozsár-Szentmiklósy and Yaniv Roznai
7. The Effect of Specialised Courts over Time
Yifat Aran and Moran Ofir
PART III. LEGISLATORS AND TIME
8. Temporary Legislation as a Mechanism for Reaching Consensus. A Critical Analysis in the Absence of Ex Post Evaluation
Enrico Albanesi
9. Sunset Clauses: A Contribution to Legislative Quality
Helen Xanthaki
10. The Legisprudential and Political Functions of Temporary Legislation
Ittai Bar-Siman-Tov and Gaya Harari-Heit
11. Speeding Up the Legislative Process: To What End and at What Cost?
Wim Voermans
12. Legal Schizophrenia: Rethinking the Dichotomy in Distinguishing between Retroactive Criminal and Civil Legislation
Yaniv Roznai
PART IV. TECHNOLOGY AND TIME
13. Disruptive Innovation and Sunset Clauses: The Case of Uber and other On-Demand Transportation Networks
Antonios Kouroutakis
14. Law and Technology in the Dimension of Time
Lyria Bennett Moses and Monika Zalnieriute
15. Back to the Future: Waves of Legal Scholarship on Artificial Intelligence
Catalina Goanta, Gijs van Dijck and Gerasimos Spanakis
16. Future-Proofing Legislation for the Digital Age
Sofia Ranchordás and Mattis van't Schip
Concluding Remarks: Time, Law and Change: It Takes Three to Tango
Luc Verhey