Theory and Practice of Legislation (Legisprudence) 2200-1CWPP61
The main topics of the lecture are to be:
1. Legisprudence. New or old questions?
2. The role of parliaments in law-making process. Autocratic and deliberative models of law-making.
3. The models of aggregated of interests in law-making process. Lobbing.
4. The transparency of law-making process: consultations, public hearings, green and white papers.
5. The role of legislative services in the legislative process - a comparative study.
6. The legislation during the last century - new social problems and new legal forms of regulations.
7. The case study of Poland in law-making process - 1989-2004.
8. The experiences of Poland in law-making process as a member of EU.
9. New forms of regulation in law-making process at the turn of 21th century: regulations, sunset legislation, directives, technical norms, paralegislative forms of regulation, problem of notification.
10. The old and new forms of the systematization of law: statute law v. electronic law.
11. The influence of constitutional courts on the making of law.
12. The legislation in a state governed by the rule of law - principles and practice.
13. The phenomena of convergence: globalization and law-making.
14. The World of Law? Particularism v. universalism
Type of course
Mode
Bibliography
1. Legisprudence: a New Theoretical Approach to Legislation: Proceedings of the Fourth Benelux-Scandinavian Symposium on Legal Theory, ed. Luc J. Wintgens, Hart, Oxford 2002.
2. The Theory and Practice of Legislation. Essays in Legisprudence, ed. Luc J. Wintgens, Ashgate, Aldershot 2005.
3. Legislative Behavior: a reader in theory and research, ed. John C Wahlke, Heinz Eulau, Free Press, Glencoe 1959.
4. Alvarez Jose, International Organizations as Law-makers, Oxford University Press, Oxford 2006. part. II. Multilateral Treaty-Making and Institutionalized Dispute Settlement; s.273-645.
5. A. Pizzorusso, The Law-making Process as a Juridical and Political Activity, w: Law in the Making: Comparative Survey, ed. A. Pizzorusso, Springer, Berlin 1988, s.1-87.
6. The Role of Legislative Services in the Legislative Process, Warsaw 25-26 March 2004, ed. W Staśkiewicz, Bureau of Research, Chancellery of the Sejm, Warsaw 2005.
7. Evaluation of Legislation, ed. Ulrich Karpen. Proceedings of the Fourth Congress of the European Association of Legislation (EAL) in Warsaw (Poland), June 15th-16th, 2000, Nomos Verlagsgesellchaft, Baden-Baden 2002.
8. Friedrich August von Hayek, Law, Legislation and Liberty : a new statement of the liberal principles of justice and political economy Vol. 1 : Rules and order, Routledge and Kegan Paul, London 1973.
9. Friedrich August von Hayek Law, Legislation and Liberty : a new statement of the liberal principles of justice and political economy / F.A. Hayek. Vol. 2 : The mirage of social justice. Univ. of Chicago, Chicago 1978.
10. Regulation through Agencies in the EU. A New Paradigm of European Governance, eds. Damien Geradin, Rodolphe Munoz, Nicolas Petit, Edward Elgar, Cheltenham, UK, Northampton, USA 2005.
11. Mauro Zamboni, Globalization and Law-making: Time to Shift a legal Theory's Paradigm, in: "Legisprudence" Issue 1. vol. I.
Additional information
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