Law in the Making

The present volume presents a part of the results of a research project launched by the European Science Foundation (ESF) in 1977. Tribute should be paid to the late Professor Aleck Chloros, Judge in the Court of the European Community, whose belief in the European ideal and enthusiasm for European cooperation and the comparative study of legal problems made him an elo quent advocate of a large-scale ESF venture into the field of com parative law. Judge Chloros had envisaged the creation of a per manent, sizable and well-equipped European institute for compa rative legal studies. The successive working parties convoked by the Executive Council of the ESF, which I had the honour of chairing from the beginning, came to the conclusion that this am bitious vision could not be realized immediately; the financial sit uation of the member organizations of the ESF also deteriorated, making a cautious approach a necessary virtue. The solution ulti mately adopted by the last of the working parties - the Ad Hoc Committee for Comparative Law -and submitted to the General Assembly of the ESF in 1979 called for the launching of four pi lot projects. In November 1980, the Assembly approved detailed plans for two of these projects. The first of these - dealing with medical responsibility - has already been presented in an impres sive volume (E. Deutsch and H. -L. Schreiber, editors, Medical Responsibility in Western Europe.

Klappentext

The primary objective of the studies reported in this volume is the analysis of the legislative process in parliamentary and other Western countries and in the European Community, in order to elaborate on fundamental categories. Also reported is a study of the application of information technology in legislative activities. In particular, the main aim of this research is to evaluate the relations between the sources of law systems operating in the various legal systems and the corresponding forms of government and to establish to what extent legislative techniques depend on the form of government in a given country, and vice-versa. All the studies are developed using comparative methods, take into account data concerning various countries and are based on separate analyses of each by the respective national legal scholars.

Inhalt
The Law-Making Process as a Juridical and Political Activity.- I The Law-Making Process.- II The Concept of Legal System.- III The Legislative Process and its Substitutes.- IV Relations between Forms of Government and Sources of Law Systems.- Constitutional Systems and Sources of Law.- 1 The Sources of Law and the Constitutional Context.- 2 The Hierarchy of the Sources of Law.- 3 The Conception of the Sources of Law and the International Legal Order.- 4 Unitary or Composite Structure of the State.- 5 Different Categories of Laws.- 6 Referendums and Other Forms of Participation of Citizens.- 7 Parliamentary Regimes and Presidential Regimes.- 8 Parliamentary Legislation and Governmental Action.- 9 Other Aspects of the Form of Government.- 10 The Delegation of Normative Powers.- 11 The Role of the Judiciary.- 12 Conclusions.- Constitutional Law between Statutory Law and Higher Law.- I Preliminary Notes: Object and Method of the Investigation.- II The General Character of the Constitutions.- III Constitutional Law and Statutory Law.- IV Relationship between Constitutional Law and Higher Law.- Statute and Statutory Instrument in the Evolution of European Constitutional Systems.- I Preliminary Notes.- II Statute and Statutory Instrument in the Constitutions and in Practice in Some European Legal Systems.- III Common Tendencies.- IV Towards the Definition of Three European Models..- Constitutional Jurisdiction as Law-Making.- I Subject and Scope.- II Techniques of Constitutional Jurisdiction.- III Methods of Judicial Law-Making and its Effects.- Collective Bargaining as Agreement and as Law: Neo-Contractualist and Neo-Corporative Tendencies of our Age.- I Introduction.- II The Legal Nature of Collective Agreements.- III State Guidance in Collective Bargaining.- IV Neo-Corporative Tendencies.- Central Law and Peripheral Law.- I Federalism, Regionalism and Peripheral Law as Matters for Constitutional Regulation: an Overview.- II Decentralization, Democracy and Form of State. The Influence of American Federalism and the European Tradition.- III Federalism v. Regionalism or Separation v. Coordination? Patterns of Political Decentralization and Law-Making Rules.- IV What Peripheral Law is and how it Works.- The Law-Making Process in the European Communities.- I Introduction.- II The Formation of Community Regulations.- III Regulations and Other Sources of the Community Legal System.- Problems of the Legislative Process in the Socialist Countries of Europe.- I Preliminary Remarks.- II Law and Legislation in the Socialist Countries.- III The Legislative Process in the Socialist Countries.- Some Specific Elements Concerning the Legislative Process of the S.F.R. of Yugoslavia.- 1 The Postwar Development of the Constitutional System of Yugoslavia.- 2 The Assembly of the S.F.R. of Yugoslavia.- 3 Legislative Process.- 4 Relations between Federal and Republican (Provincial) Agencies in the Legislative Process.- 5 Executive Activity.- 6 Process of Delegalization.- 7 Concluding Note.- Software for the Legislator.- 1 Introductory Notes.- 2 Legislative Pollution.- 3 Gesetzgebung.- 4 Computer Aids.- 5 Legislative Information Retrieval Systems.- 6 Automatic Analysis of Legislation.- 7 A Model for Rational Reconstruction of a Positive Legal System.- 8 The Legislator's Language.- 9 Calculation of Combinations and Consequences.- 10 Expert Systems.- 11 A Shell for Basic Deontic Logic.- 12 Conclusions.- Annex I: How the Research was Carried out.- Annex II: Guidelines for the National Reporters.- I Preliminary Notes.- II The Legislative Process.- IIIStatutes and the Forms of State and of Government.- IV Statutes in the System of the Sources of the Law.- V The Structure of the National Reports.