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Law in the Making: A Comparative Survey by A. Pizzorusso (auth.), Professor Alessandro Pizzorusso

24 February 2017 adminLaw

By A. Pizzorusso (auth.), Professor Alessandro Pizzorusso (eds.)

The current quantity provides part of the result of a study venture introduced through the eu technological know-how origin (ESF) in 1977. Tribute can be paid to the overdue Professor Aleck Chloros, pass judgement on within the courtroom of the ecu group, whose trust within the eu excellent and exuberance for eu cooperation and the comparative learn of criminal difficulties made him an elo­ quent suggest of a large-scale ESF enterprise into the sector of com­ parative legislations. pass judgement on Chloros had envisaged the production of a in keeping with­ manent, big and well-equipped ecu institute for compa­ rative felony experiences. The successive operating events convoked via the administrative Council of the ESF, which I had the dignity of chairing from the start, got here to the realization that this am­ bitious imaginative and prescient couldn't be learned instantly; the monetary take a seat­ uation of the member businesses of the ESF additionally deteriorated, creating a wary strategy an important advantage. the answer ulti­ mately followed via the final of the operating events - the advert Hoc Committee for Comparative legislation -and submitted to the overall meeting of the ESF in 1979 referred to as for the launching of 4 pi­ lot tasks. In November 1980, the meeting licensed certain plans for 2 of those tasks. the 1st of those - facing clinical accountability - has already been awarded in an impres­ sive quantity (E. Deutsch and H. -L. Schreiber, editors, clinical accountability in Western Europe.

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Additional info for Law in the Making: A Comparative Survey

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Samuels, S. , III (1982), p. ; S. Cretney, The Politics of Law Reform. , XVLIII (1985), p. ; P. M. , CI (1985), p. 338ff. On the Parliamentary Counsel, cf. G. , IV (1983), p. 7ff. 26 A. Pizzorusso en 83: these institutions intervene in the legislative process with their opinions, or even operate alongside the legislator, attending to the drafting of normative texts before their definitive approval 84. In other countries, a similar role may be played by the constitutional courts (or by other jurisdictional organs), particularly as regards the adjustment of ordinary legislation to constitutional principles and that of secondary norms to principles contained in statutes 85 • Other "rationalizing" instruments of some importance are directives to be followed in drawing up normative acts (Legistische Richtlinien)86 or provisions for a periodic republication of legislation in force, in a consolidated form, to make the process of finding rules to be applied to given cases easier and more certain 87 88.

H. , 1945, Italian translation by S. Cotta and G. Treves, Milan, 1952, p. ; T. Perassi, Introduzione aile scienze giuridiche (1922), Padua, 1967, p. 40-41; C. Mortati, Corso di lezioni di diritto costituzionale italiano e comparato, Rome, 1958, p. 78ff. The Law-Making Process as a Juridical and Political Activity 15 between rules on the sources and "substantial" rules, while it is not a necessity in demonstrating the basis of the hierarchical relationship existing between norms as regards their content, sufficiently justified by the different political force underlying the various manifestations of the will of the state, resulting in the issuing of normative acts or in the recognition of normative facts.

B. Herzog, G. ), La promulgation, la signature et la publication des textes Iegislatifs en droit compare, Paris, 1961. Even in English-speaking countries, measures of this kind have sometimes been demanded, and, in some limited cases, effected: cf. D. L. , 1974, p. ; A. Samuels, Commencement of Acts of Parliament, in Statute Law Review, 1981, II, p. ; R. , p. 11-12. In spite of this, sect. 4 of the Interpretation Act 1978, now in force in Britain, provides that, when a statute specifies a commencement date, it commences with the beginning of that day and otherwise at the beginning of the day on which the act receives Royal Assent (in which case it is clearly impossible for people concerned to be aware of it at the moment in which it commences).

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