Overview

Offering a unique perspective on 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, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.

Full Product Details

Author:   Sofia Ranchordás ,  Yaniv Roznai
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.766kg
ISBN:  

9781509930937

ISBN 10:   1509930930
Pages:   408
Publication Date:   16 April 2020
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of 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

Reviews

This legal dance to the music of time uses a temporal theme to draw together a variety of legal subjects, from new perspectives on well-worn themes such as commencement, to brilliantly innovative inter-disciplinary studies such as the law of the night. The result is both a fascinatingly diverse read, and a unique contribution to legal literature. * Daniel Greenberg, Counsel for Domestic Legislation, House of Commons *

Author Information

Sofia Ranchordás is Chair of European and Comparative Public Law and Rosalind Franklin Fellow at the University of Groningen. Yaniv Roznai is a Senior Lecturer at the Radzyner School of Law, Interdisciplinary Center Herzliya.

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