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Legislative Process (legislative + process)

Distribution by Scientific Domains
Humanities and Social Sciences37%
Business, Economics, Finance and Accounting25%

Selected Abstracts

Electoral Systems, Legislative Process, and Income Taxation

JOURNAL OF PUBLIC ECONOMIC THEORY, Issue 1 2000
Yan Chen
We characterize the equilibrium income tax schedules and the optimality conditions under two types of political institutions, a two-party plurality system with a single district, and one with multiple districts where tax policies are determined through a legislature. It is shown that the exogenous social welfare functions in the optimal taxation literature can be endogenously determined by explicitly modeling the political institutions, which put different welfare weights on different subsets of the population. This paper also extends the Coughlin probabilistic voting model and the Baron,Ferejohn legislative bargaining model to a function space. [source]

The Institutionalised Participation of Management and Labour in the Legislative Activities of the European Community: A Challenge to the Principle of Democracy under Community Law

EUROPEAN LAW JOURNAL, Issue 1 2000
Gabriele Britz
The legislative procedure established by Articles 138-139 of the Amsterdam Treaty is sensitive with regard to democratic prerequisites, but does not, in the final analysis, breach the formal principle of democracy established under Community law. Although the establishment of a parliamentary right of consultation is desirable, sufficient democratic legitimation is nonetheless supplied by virtue of Council and Commission participation within the legislative procedure and by their unlimited right to examine and reject substantive provisions designed by management and labour. By the same measure, the participation of management and labour in the Articles 138-139 legislative process is not of itself sufficient to create democratic legitimation. However, although management and labour organisations might never claim to represent the public of Europe as a whole, they can contribute to the ,substantive' legitimacy of European social law-making where they are adequately representative of persons and groups affected by EC legislative acts and take positive steps to ensure that the interests of such persons are reflected in secondary EC law. Accordingly, the Commission and the Council should review the representative nature of organisations engaged in European social law-making, paying particular attention to under-represented interests and, if necessary, should also make use of their right of rejection where privately negotiated agreements neglect these interests. [source]

The Legislative Powers and Impact of the European Parliament

JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 2 2003
Andreas Maurer
This article investigates the impact of the legislative powers of the European Parliament (EP), particularly the co-decision procedure. After explaining the development of the legislative procedures, the article analyses the extent to which the different procedures have been used since their creation. It then considers how growing legislative power has affected the EP's internal development, how far the EP has been able to influence EU legislation, and whether EP involvement in legislation has enhanced or impeded the efficiency of the EU legislative process. The article concludes by considering possible areas for further reform of the EP's role in the EU's legislative system. [source]

MARKET REACTIONS TO THE PASSAGE OF THE FINANCIAL HOLDING COMPANY ACT IN TAIWAN

PACIFIC ECONOMIC REVIEW, Issue 4 2008
Jane-Sue Wang
Abstract. We examine how financial institutions react to various events surrounding the passage of Taiwan's Financial Holding Company Act in June 2001. Empirical results indicate that the financial system experiences significant abnormal returns along the legislative process. Smaller firms have significantly higher abnormal returns, thus lending no support for the hypothesis that larger firms benefit more from the Act. Further analysis shows that the significance of market value is replaced by a significant securities industry effect, thereby consistent with the observation that Taiwan's securities firms are generally smaller in market values and are potential target firms for financial holding companies. [source]

Regulation and voluntarism: A case study of governance in the making

REGULATION & GOVERNANCE, Issue 4 2009
Tamar Barkay
Abstract In this article I analyze a multi-stakeholder process of environmental regulation. By grounding the article in the literature on regulatory capitalism and governance, I follow the career of a specific legislative process: the enactment of Israel's Deposit Law on Beverage Containers, which aims to delegate the responsibility for recycling to industry. I show that one crucial result of this process was the creation of a non-profit entity licensed to act as a compliance mechanism. This new entity enabled industry to distance itself from the responsibility of recycling, and thereby frustrated the original objective of the legislation, which was to implement the principle of "extended producer responsibility." Furthermore, this entity, owned by commercial companies and yet acting as an environmentally friendly organization, allowed industry to promote an anti-regulatory agenda via a "civic voice." The study moves methodologically from considering governance as an institutional structure to analyzing the process of "governancing," through which authoritative capacities and legal responsibilities are distributed among state and non-state actors. Two key findings are that this process and its outcome (i) are premised on an ideology of civic voluntarism, which ultimately delegates environmental responsibilities to citizens; and (ii) facilitate an anti-regulatory climate that serves commercial interests. [source]

The Fog of Integration: Reassessing the Role of Economic Interests in European Integration

BRITISH JOURNAL OF POLITICS & INTERNATIONAL RELATIONS, Issue 1 2008
Patrick Leblond
The main theories of European economic integration argue that private economic interests provide the impetus and pressures for integration to move forward. Public policy analyses of the European Union's legislative process, however, show that intense lobbying by such interests can prevent legislative proposals from being adopted, even if economic interests were initially in favour of supranational legislation. How do we explain this apparent contradiction? The answer is that economic interests initially face great uncertainty as to the precise costs and benefits of integrating a particular policy area; only once the ,fog of integration' lifts,as a result of concrete legislative proposals being tabled by the Commission,are economic interests able to calculate these costs and benefits and, consequently, decide whether to lobby for or against the proposal. To provide a first-run validation of the argument, the article examines the cases of the Software Patent and Takeover directives. [source]

A tale of CIN,the Cannabis Infringement Notice scheme in Western Australia

ADDICTION, Issue 5 2010
Simon Lenton
ABSTRACT Aims To describe the development and enactment of the Western Australian (WA) Cannabis Infringement Notice scheme and reflect on the lessons for researchers and policy-makers interested in the translation of policy research to policy practice. Methods An insiders' description of the background research, knowledge transfer strategies and political and legislative processes leading to the enactment and implementation of the WA Cannabis Control Act 2003. Lenton and Allsop were involved centrally in the process as policy-researcher and policy-bureaucrat. Results In March 2004, Western Australia became the fourth Australian jurisdiction to adopt a ,prohibition with civil penalties' scheme for possession and cultivation of small amounts of cannabis. We reflect upon: the role of research evidence in the policy process; windows for policy change; disseminating findings when apparently no one is listening; the risks and benefits of the researcher as advocate; the differences between working on the inside and outside of government; and the importance of relationships, trust and track record. Conclusions There was a window of opportunity and change was influenced by research that was communicated by a reliable and trusted source. Those who want to conduct research that informs policy need to understand the policy process more clearly, look for and help create emerging windows that occur in the problem and political spheres, and make partnerships with key stakeholders in the policy arena. The flipside of the process is that, when governments change, policy born in windows of opportunity can be a casualty. [source]

A Comparative Analysis of the Drafting of European Private Law

EUROPEAN LAW JOURNAL, Issue 5 2009
Bastiaan Van Zelst
The development of the ,Common Frame of Reference' is a highly prominent topic on the agenda of European integration. However, its underlying procedures have had only limited investigation. This article discusses the European private law project by inquiring into the drafting experiences of four other private law legislative processes, with a focus on sales law. These instruments concern Article 2 (on sales) of the American Uniform Commercial Code, the Vienna Sales Convention, the Dutch Civil Code and the Directive on Consumer Sales and Associated Guarantees. Ultimately, the article asks what can the European project learn from these experiences. [source]